Soriano v. Spearman, et al.

Filing 32

ORDER signed by Magistrate Judge Deborah Barnes on 05/30/19 TERMINATING 27 Motion to revoke and close this case. CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON M. SORIANO,

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Plaintiff,

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No. 2:17-cv-1617 TLN DB P
ORDER TO CLOSE CASE

v.
M. E. SPEARMAN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. On October 17, 2018, the Court determined that service of

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the complaint was appropriate for Sergeant Speers and Warden Spearman. (ECF Nos. 20, 22.)

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Service was later effectuated, and the defendants appeared on February 12, 2019, by filing a

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motion for order revoking plaintiff’s in forma pauperis status. (ECF No. 27.) In lieu of an

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opposition, plaintiff has now filed a notice of voluntary dismissal. (ECF No. 31.)
Federal Rule of Civil Procedure 41(a)(1)(A) provides that “the plaintiff may dismiss an

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action without a court order by filing ... a notice of dismissal before the opposing party serves

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either an answer or a motion for summary judgment.” Since neither defendant has filed an answer

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or a motion for summary judgment, a court order is not required to dismiss this action.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall term the pending

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motion to revoke (ECF No. 27) and close this case.

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Dated: May 30, 2019

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/DLB7;

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DB/Inbox/Routine/sori1617.dism

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