Penn v. US Dept. of Justice et al

Filing 4

ORDER signed by Magistrate Judge John F. Moulds on 11/15/2010 ORDERING that pltf's 3 motion is construed as request for voluntary dismissal of this action and, so construed, is GRANTED; this action is DISMISSED w/out prejudice; and the clerk to send a copy of this order to the Honorable Edmund F. Brennan. CASE CLOSED.(cc: EFB)(Yin, K)

(PC) Penn v. US Dept. of Justice et al

Doc. 4

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Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARLIN PENN, Plaintiff, vs. U.S. DEPT. OF JUSTICE, et al., Defendant. / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. The above-captioned action was opened on September 29, 2010, with the filing of civil rights complaint. On October 8, 2010, plaintiff filed a document styled as a motion to consolidate the complaint filed in this action with Case No. 2:10-cv-2494 EFB (PC). In that motion, plaintiff represents that the complaint filed in this action is in fact a copy of the complaint filed in the latter case. Good cause appearing, plaintiff's request will be construed as a request for voluntary dismissal of this action and, so construed, will be granted. This action will be dismissed without prejudice to plaintiff's right to proceed, as appropriate, in Case No. 2:10cv-2494 EFB (PC). In accordance with the above, IT IS HEREBY ORDERED that: ORDER No. 2:10-cv-2654 JFM (PC)

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1. Plaintiff's October 8, 2010 motion is construed as request for voluntary dismissal of this action and, so construed, is granted; 2. This action is dismissed without prejudice; and 3. The Clerk of the Court is directed to send a copy of this order to the Honorable Edmund F. Brennan. DATED: November 15, 2010.

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