Ellis v. California Correctional Health Care Services, et al.,
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/2017 VACATING the 5/19/2017 findings and recommendations 11 ; and DISMISSING this action with prejudice pursuant to Fed.R.Civ.P. 41(a). CASE CLOSED. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BENJAMIN ELLIS,
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Plaintiff,
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No. 2:16-cv-1555 GEB KJN P
v.
ORDER
CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES, et al.,
Defendants.
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant
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to 42 U.S.C. § 1983. On April 11, 2017, the undersigned dismissed the amended complaint with
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thirty days to file a second amended complaint. (ECF No. 10.) Plaintiff did not file a second
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amended complaint. Accordingly, on May 19, 2017, the undersigned recommended that this
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action be dismissed, without prejudice, based on plaintiff’s failure to file a second amended
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complaint. (ECF No. 11.)
On May 22, 2017, and June 15, 2017, plaintiff filed motions to voluntarily dismiss this
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action with prejudice. (ECF Nos. 12, 14.) Good cause appearing, the findings and
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recommendations are vacated. Pursuant to Federal Rule of Civil Procedure 41(a), plaintiff’s
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motions for voluntary dismissal with prejudice are granted.
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////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The May 19, 2017, findings and recommendations (ECF No. 11) are vacated;
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2. This action is dismissed with prejudice.
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Dated: June 21, 2017
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elli1555.59
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