Harris v. Robinette, et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 6/14/12 ORDERING that plaintiffs request to voluntarily dismiss this action 11 is GRANTED. This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). CASE CLOSED. (Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JAY HARRIS, 11 Plaintiff, 12 13 No. 2:12-cv-0185 GEB KJN P vs. C/O ROBINETTE, et al., 14 Defendants. 15 ORDER / 16 Plaintiff is a state prisoner proceeding, without counsel, in this civil rights action 17 filed pursuant to 42 U.S.C. § 1983. On May 22, 2012, this court directed plaintiff to show cause 18 why this action should not be dismissed without prejudice due to plaintiff’s apparent failure to 19 exhaust his administrative remedies. (Dkt. No. 10.) In response, plaintiff requests voluntary 20 dismissal of this action so that he can exhaust his administrative remedies before commencing a 21 new action on the same grounds. (Dkt. No. 11.) 22 //// 23 //// 24 //// 25 //// 26 //// 1 1 Accordingly, for good cause shown, plaintiff’s request to voluntarily dismiss this 2 action (Dkt. No. 11), is granted. This action is dismissed without prejudice pursuant to Federal 3 Rule of Civil Procedure 41(a)(1). 4 DATED: June 14, 2012 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 harr0185.vol.dsms. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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