Welch v. Vickrey et al

Filing 10

ORDER signed by Judge Morrison C. England, Jr. on 8/21/2012. Because no party has appeared, plaintiff could have terminated this matter by filing a Notice of Dismissal. Court will construe plaintiff's 8 Motion as Request for Voluntary Dismissal and, as such, it will be GRANTED. Clerk directed to CLOSE this file. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH J. WELCH, JR.,
Individually and on behalf
of the People of the State
of California,

No. 2:11-cv-01957-MCE-KJN

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Plaintiff,
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ORDER DISMISSING CASE

v.
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WILLIAM C. VICKREY,
Individually and in his
capacity as Administrative
Director of the Administrative
Office of the Courts; THE
SUPREME COURT OF THE STATE OF
CALIFORNIA, Individually and
in their capacity as Supreme
Court Justices; and DOES 1300,

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Defendants.

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----oo0oo----

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The present case, which challenges the California

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judiciary’s funding of new courthouse direction, was filed on

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July 25, 2011 and has never been served.

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Court issued an Order to Show Cause (“OSC”) as to why the action

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should not be terminated due to its inactivity.
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On June 21, 2012, this

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That OSC prompted Plaintiff’s counsel, Dennis Fleming, to file,

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on July 10, 2012, the Motion to Dismiss now before the Court.

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Attorney Fleming requests a voluntary termination of these

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proceedings because of the lack of funding and resources

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sufficient to proceed in a competent matter. (Pl.’s Mot., 1:25-

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Because no party has appeared, under Federal Rule of Civil

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Procedure 41(a) Plaintiff could have terminated this matter by

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the filing of a notice of dismissal.

The Court will construe

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Plaintiff’s Motion (ECF No. 8) as a request for voluntary

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dismissal and as such it will be GRANTED.

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hereby directed to close this file.

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The Clerk of Court is

IT IS SO ORDERED.
Dated: August 21, 2012

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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