Herndon v. Rio Consumnes Correctional Center

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 1/04/16 ordering that within 21 days of the filing of this order, plaintiff must file a notice whether he is seeking to voluntarily dismiss his case or whether he is seeking some other kind of relief. If plaintiff does not file the required notice, the court will construe plaintiff's silence as confirmation that he intended to voluntarily dismiss the case and the case will be dismissed. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERROD L. HERNDON,

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Plaintiff,

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

v.

ORDER

RIO CONSUMNES CORRECTIONAL
CENTER,
Defendant.

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Plaintiff, a state prisoner proceeding pro se, has submitted a document in which he states

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the following: “[‘Has no further argument’]. ‘suspend judgment to further information. Case

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closed. please thank you.” ECF No. 7 (brackets in original). It appears that plaintiff may be

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seeking to voluntarily dismiss his case. However, because it is not clear, plaintiff will be required

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to clarify for the court whether he is actually trying to voluntarily dismiss his case.
Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the filing of this

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order, plaintiff must file a notice clarifying whether he is seeking to voluntarily dismiss his case

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or whether he is seeking some other kind of relief. If plaintiff does not file the required notice,

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the court will construe plaintiff’s silence as confirmation that he intended to voluntarily dismiss

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the case and the case will be dismissed.

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DATED: January 4, 2016

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