Ellis v. California Correctional Health Care Services, et al.,

Filing 15

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN ELLIS, 12 Plaintiff, 13 14 15 No. 2:16-cv-1555 GEB KJN P v. ORDER CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, et al., Defendants. 16 17 18 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 19 to 42 U.S.C. § 1983. On April 11, 2017, the undersigned dismissed the amended complaint with 20 thirty days to file a second amended complaint. (ECF No. 10.) Plaintiff did not file a second 21 amended complaint. Accordingly, on May 19, 2017, the undersigned recommended that this 22 action be dismissed, without prejudice, based on plaintiff’s failure to file a second amended 23 complaint. (ECF No. 11.) On May 22, 2017, and June 15, 2017, plaintiff filed motions to voluntarily dismiss this 24 25 action with prejudice. (ECF Nos. 12, 14.) Good cause appearing, the findings and 26 recommendations are vacated. Pursuant to Federal Rule of Civil Procedure 41(a), plaintiff’s 27 motions for voluntary dismissal with prejudice are granted. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The May 19, 2017, findings and recommendations (ECF No. 11) are vacated; 3 2. This action is dismissed with prejudice. 4 Dated: June 21, 2017 5 6 7 8 9 10 elli1555.59 kc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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