Storman v. Kaiser Health Plan et al

Filing 18

ORDER signed by District Judge Morrison C. England, Jr on 12/21/2017 ORDERING that 17 Motion to Dismiss is construed as a notice of voluntary dismissal without prejudice. All dates pending before the undersigned are VACATED. CASE CLOSED. (Hunt, G)

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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 MICHAEL D. STORMAN, 12 Plaintiff, 13 14 15 v. No. 2:17-cv-0976 MCE AC PS ORDER U.S. OFFICE OF THE SECRETARY, DHHS, Defendant. 16 17 Plaintiff, who is proceeding pro se, has filed a motion for dismiss. ECF No. 17. In his 18 19 motion, plaintiff requests the court to “either […] dismiss his case or rule in his favor. Also, and 20 finally, plaintiff washes his hands of this case for health reasons and will not appear before the 21 court or make any more motions in this matter.” ECF No. 17 at 1. No defendant having been been served, the court construes this motion as a notice of 22 23 voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. Plaintiff’s motion to dismiss (ECF No. 17) is construed as a notice of voluntary dismissal without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i); 26 2. All dates pending before the undersigned are VACATED; and 27 28 //// 1 1 3. The Clerk of the Court is directed to close the case. 2 IT IS SO ORDERED. 3 DATED: December 21, 2017 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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