Fisher v. Unknown

Filing 36

ORDER signed by Magistrate Judge Allison Claire on 1/20/15 ordering that plaintiff's motion 35 is denied as moot. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY FRANCIS FISHER,

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Plaintiff,

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v.

No. 2:14-cv-1925 KJM AC P

ORDER

UNKNOWN,

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Defendant.

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On December 18, 2014, the undersigned issued Findings and Recommendations that

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recommended that plaintiff be barred from proceeding in forma pauperis because of the “three

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strikes” provisions of 28 U.S.C. § 1915(g). ECF No. 31. However, on the same day, plaintiff

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filed a document stating “I close this case under 41(a)(1) no IFPs. I do not have that right to

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receive ‘IFPs,’” which the court interprets to be a voluntary dismissal under Fed. R. Civ. P. 41(a).

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ECF No. 33. Accordingly, pursuant to the voluntary dismissal, the case was closed on December

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23, 2014, and the Findings and Recommendations were not adopted or otherwise acted upon.

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ECF No. 34.

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On December 29, 2014, plaintiff filed a “Motion to be excused of the 3 strike provision.”

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ECF No. 35. However, since plaintiff has already voluntarily dismissed this case, and the

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Findings and Recommendations were not adopted or otherwise acted upon, there is nothing from

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which plaintiff can be “excused.”
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 35), is

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DENIED as moot.

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DATED: January 20, 2015

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