Beem v Craig et al

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 5/5/11 ORDERING that 27 request for voluntary dismissal is GRANTED; this action is DISMISSED without prejudice; 26 Motion to Dismiss is DENIED as mootl and the Clerk is directed to close this case. CASE CLOSED. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM L. BEEM,

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Plaintiff,

No. 2:09-cv-2991 GEB KJN P

Defendants.

ORDER

vs.
CRAIG, et al.,

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/
Plaintiff, a former state prisoner proceeding in this civil rights action, has filed a

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request to voluntarily dismiss this case. Federal Rule of Civil Procedure 41 provides that the

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court may dismiss an action without prejudice upon the plaintiff’s request. Fed. R. Civ. P.

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41(a)(2). Plaintiff is informed, however, that should he again seek to pursue the claims set forth

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herein, he must file an entirely new action with an original complaint, subject to applicable

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statute of limitations; he may not file an “amended complaint” in the instant action, which will be

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closed pursuant to this order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for dismissal of this action (Dkt. No. 27) is granted; this

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action is dismissed without prejudice;
2. Defendants’ motion to dismiss (Dkt. No. 26) is denied as moot; and
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3. The Clerk of Court is directed to close this case.
DATED: May 5, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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beem2991.dism.41a

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