Herndon v. Rio Consumnes Correctional Center

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 3/11/2016 ORDERING plaintiff to complete, within 21 days, the attached form notifying the court whether he wants to dismiss his case. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GERROD LONZELL HERNDON,

12

Plaintiff,

13
14
15

No. 2:15-cv-2415 KJM AC P

v.

ORDER

RIO CONSUMNES CORRECTIONAL
CENTER,
Defendants.

16
17

On December 28, 2015, the Clerk of the Court filed a document received from plaintiff, a
18
current state and former county prisoner proceeding pro se, in which he stated the following:
19
“[‘Has no further argument’]. ‘suspend judgment to further information. Case closed. please
20
thank you.” ECF No. 7 (brackets in original). Plaintiff was ordered to clarify for the court,
21
within twenty-one days, whether he was attempting to voluntarily dismiss this case. ECF No. 8.
22
Plaintiff was advised that if he failed to respond to the order, the court would understand his
23
silence to mean that he wanted to dismiss his case. Id. The twenty-one day period has passed and
24

plaintiff has not responded to the order.1

25
Plaintiff shall be afforded a final opportunity to clarify for the court whether he is in fact
26
27
28

1

Court records show that the order was initially returned as undeliverable because it was sent to
plaintiff’s previous address of record. The order was re-served on February 1, 2016, to his then
address of record and has not been returned.
1

1

attempting to dismiss this case. Plaintiff’s continued silence on the matter will be understood to

2

mean that he wishes to dismiss this case.

3

Accordingly, IT IS HEREBY ORDERED that within twenty-one days of service of this

4

order, plaintiff must complete the attached form notifying the court whether he wants to dismiss

5

his case. If plaintiff does not file the required notice, the court will understand plaintiff’s silence

6

to mean that he wants to dismiss his case and it will be dismissed.

7

DATED: March 11, 2016

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GERROD LONZELL HERNDON,

12
13
14
15

Plaintiff,
v.

NOTICE RE: VOLUNTARY DISMISSAL

RIO CONSUMNES CORRECTIONAL
CENTER,
Defendants.

16
17

No. 2:15-cv-2415 KJM AC P

Check one:

18
19

Plaintiff Gerrod Lonzell Herndon, proceeding pro se, wants to dismiss the complaint in

20

this case without prejudice.

21
22

Plaintiff Gerrod Lonzell Herndon, proceeding pro se, does not want to dismiss this

23

case.

24
25
26
27

DATED:_______________________
______________________________________
GERROD LONZELL HERNDON
Plaintiff pro se

28
3