(PC) Bonilla v. Toscano et al

Filing 10

ORDER: Clerk to assign case to District Judge and close case based upon Plaintiff's Voluntary Dismissal under FRCP 41 (a)(1)(A)(i) 8 signed by Magistrate Judge Helena M. Barch-Kuchta on 3/10/2025. CASE CLOSED. (Deputy Clerk TEL)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RENE BONILLA,

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Case No. 1:25-cv-00211-HBK (PC)
Plaintiff,

v.

CLERK TO ASSIGN CASE TO DISTRICT
JUDGE AND CLOSE CASE BASED UPON
PLAINTIFF’S VOLUNTARY DISMISSAL
UNDER FED. R. CIV. P. 41 (a)(1)(A)(i)

M. TOSCANO and CDCR,
(Doc. No. 8)
Defendants.

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On March 7, 2025, Plaintiff filed a pleading stating “I, Rene Bonilla” … want to dismiss

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this action without prejudice to refiling a new action once administrative remedies are fully

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exhausted.” (Doc. No. 8, “Notice”). The Notice follows the Court’s February 21, 2025 Order

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Screening Order deferring a ruling on Plaintiff’s motion to proceed in forma pauperis and

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ordering Plaintiff to show cause why the case should not be dismissed for failing to exhaust his

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administrative remedies. (See Doc. No. 7). Because no defendant has been served and no answer

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nor motion for summary judgment has been filed, Plaintiff may voluntarily dismiss this action by

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operation of law without further order from the Court. See Fed. R. Civ. P. 41(a)(1)(A)(i).

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Accordingly, it is ORDERED:

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The Clerk of Court is directed to assign this case to a district judge, terminate Plaintiff’s

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motion to proceed in forma pauperis (Doc. No. 2) as moot, and CLOSE this case to reflect

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Plaintiff’s Notice of Voluntary Dismissal without prejudice (Doc. No. 8) consistent with Fed. R.

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Civ. P. 41(a)(1)(A)(i).

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Dated:

March 10, 2025
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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