Brown v. Brown et al

Filing 25

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/14 ORDERING that within 21 days of the date of this order, plaintiff may file a Rule 41(a) notice of dismissal if his intention is to dismiss this action without prejudice and without a court order. If no such notice is filed, the findings and recommendations, along with plaintiffs objections thereto, will be submitted for resolution to the assigned district judge. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,

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No. 2:14-cv-337-JAM-EFB P

Plaintiff,

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v.

ORDER

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EDMUND G. BROWN, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. On May 21, 2014, the court filed findings and recommendations

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recommending that this action be dismissed for failure to state a claim. ECF No. 13. After

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several extensions of time, plaintiff filed objections to the findings and recommendations, along

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with an amended complaint. ECF Nos. 22, 24. Paradoxically, he also filed a motion “to

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withdraw this Civil Rights Complaint.” ECF No. 23.

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A plaintiff may voluntarily dismiss an action without a court order if he files a notice of

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dismissal before the opposing party serves either an answer or a motion for summary judgment.

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Fed. R. Civ. P. 41(a). Here, the timing is right for a Rule 41(a) notice of voluntary dismissal.

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However, the court cannot so construe plaintiff’s “motion to withdraw” in light of his

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contradictory filings -- objections to the recommendation of dismissal and an amended complaint.

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Accordingly, IT IS HEREBY ORDERED that within 21 days of the date of this order,

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plaintiff may file a Rule 41(a) notice of dismissal if his intention is to dismiss this action without

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prejudice and without a court order. If no such notice is filed, the findings and recommendations,

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along with plaintiff’s objections thereto, will be submitted for resolution to the assigned district

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judge.

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DATED: September 10, 2014.

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