Vandenburgh v. Solano County et al

Filing 12

ORDER signed by District Judge Edward F. Shea on 2/6/09 ORDERING that plaintiff's 10 Motion to Voluntarily Dismiss Complaint is GRANTED. The complaint is DISMISSED without prejudice. Plt's 11 motion to waive collection of remaining f iling fee is GRANTED. the institution having custody of Mr. Vandenburgh shall cease collection of the filing of this action. The District Court Executive is directed to enter this Order; enter judgment of dismissal without prejudice; forward a copy of this Order to Plaintiff and the California Department of Corrections, Office of Legal Affairs, P.O. Box 942883, Sacramento, CA 94283-0001, to forward to the appropriate agency having custody of plaintiff. CASE CLOSED. (Duong, D)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MARK J. VANDENBURGH, Plaintiff, vs. SOLANO COUNTY, SOLANO COUNTY SHERIFF'S DEPARTMENT, Defendants. NO. CV-08-863-EFS (PC)

ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE AND DIRECTING THAT COLLECTION OF THE FILING FEE CEASE

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Before the Court, without oral argument, is Plaintiff Mark J. Vandenburgh's Motion to Voluntarily Dismiss Complaint (Ct. Rec. 10) pursuant to Federal Rule of Civil Procedure 41(a). been served in this action. Accordingly, IT Defendants have not IS HEREBY ORDERED:

Plaintiff's Motion to Voluntarily Dismiss Complaint (Ct. Rec. 10) is GRANTED; the Complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff also filed a Motion to Waive Collection of Remaining Filing Fee. Plaintiff's (Ct. Rec. (Ct. Rec. 11.) Motion 11) is to For good cause shown, IT IS HEREBY ORDERED: Collection the of Remaining having Filing custody Fee of

Waive

GRANTED;

institution

Mr. Vandenburgh shall cease collection of the filing fee in this action, cause number CV-08-863-EFS (PC).

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ORDER - 1

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IT IS SO ORDERED. 1. 2. 3.

The District Court Executive is directed to:

enter this Order; enter judgment of dismissal without prejudice; forward a copy of this Order to Plaintiff and the

California Department of Corrections, Office of Legal Affairs, P.O. Box 942883, Sacramento, CA 94283-0001, to forward to the appropriate agency having custody of Plaintiff; and 4. DATED this close the file. 6t h day of February 2009.

S/ Edward F. Shea EDWARD F. SHEA UNITED STATES DISTRICT JUDGE
C:\WINDOWS\Temp\notes101AA1\ED.CA.08.863.Rule41.wpd

ORDER - 2