Martinez v. Lizarraga et al

Filing 35

ORDER signed by Magistrate Judge Dennis M. Cota on 02/04/19 ORDER DISMISSING CASE pursuant to plaintiff's notice of voluntary dismissal 34 and FRCP 41(a). CASE CLOSED (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOAQUIN MARTINEZ,

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No. 2:16-CV-0831-JAM-DMC-P

Plaintiff,
v.

ORDER

J. LIZARRAGA, et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Plaintiff has filed a notice of voluntary dismissal. Because no answer or

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motion for summary judgment has been filed, leave of court is not required and the action is

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dismissed on plaintiff’s notice. See Fed. R. Civ. P. 41(a)(1)(A)(i). All pending motions (Docs.

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29 and 30) are denied as moot and the Clerk of the Court is directed to close this file.

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IT IS SO ORDERED.

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Dated: February 4, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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