Acosta v. Ahlin

Filing 7

ORDER signed by Magistrate Judge Dale A. Drozd on 7/17/15 ORDERING that in light of plaintiffs voluntary dismissal of this action in his notice of withdrawal (ECF No. 6 ), this action is closed. CASE CLOSED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD ACOSTA,

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Plaintiff,

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No. 2:15-CV-0497 WBS DAD P

v.

ORDER

PAM AHLIN,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed a Notice of Withdrawal in which he

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requests that his action be dismissed without prejudice. (ECF No. 6.) The court construes

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plaintiff’s notice as a voluntary dismissal pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(i), under which plaintiff’s request is self-executing. That is, plaintiff dismissed this

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action without prejudice when he filed his notice, and no additional order of dismissal from this

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court is required. See Concha v. London, 62 F.3d 1493, 1506 (9th Cir.1995); Lee v. Pass, No.

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2:10-cv-2220 TLN DAD P, 2013 WL 3872555 at *3 (E.D. Cal. July 25, 2013). However, the

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court will order that this case be closed.

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Accordingly, IT IS HEREBY ORDERED that in light of plaintiff’s voluntary dismissal of

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this action in his notice of withdrawal (ECF No. 6), this action is closed.

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Dated: July 17, 2015

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hm/acos0497.59

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