Fishman v. Cheung et al

Filing 38

ORDER signed by Magistrate Judge Dale A. Drozd on 06/16/15 granting 35 Motion to Dismiss. This action is dismissed without prejudice pursuant to FRCP 41(a). CASE CLOSED. (Plummer, M) Modified on 6/17/2015 (Plummer, M).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UDI FISHMAN, 12 13 14 No. 2:14-cv-1163 KJM DAD P Plaintiff, v. ORDER DR. G. CHEUNG et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with this civil rights action. On May 19, 18 2015, plaintiff filed a motion to dismiss this action without prejudice. On May 27, 2015, the 19 court ordered defendants to file a response to plaintiff’s motion. Defendants have filed a 20 statement of non-opposition to the motion. Pursuant to Fed. R. Civ. P. 41(a), the court will honor 21 plaintiff’s request. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. Plaintiff’s motion to dismiss this action (Doc. No. 35) is granted; and 24 2. This action is dismissed without prejudice. 25 Dated: June 16, 2015 26 27 DAD:9 fish1163.59 28 1

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