Reece v. Swarthout

Filing 15

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/4/2011 ORDERING that pursuant to F.R.Civ.P. 41(a)(1)(A)(ii) the action is DISMISSED. CASE CLOSED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES G. REECE,

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Plaintiff,

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No. CIV S-10-2770 JAM GGH P

vs.
GARY SWARTHOUT, Warden,
Defendant.

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ORDER
/

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Plaintiff, a state prisoner proceeding pro se, has moved to withdraw his complaint,

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i.e., to dismiss this action voluntarily. While defendants’ motion to dismiss is pending,

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defendants have not yet filed an answer or a motion for summary for summary judgment.

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Therefore, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the action is dismissed.
Accordingly, the Clerk of Court shall close this case.

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DATED: May 4, 2011

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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH:009/mp
reec2770.59ggh

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