Humes v. Sessions
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 8/13/18 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/27/18 10 are not adopted; Plaintiff's objections are construed as a request for voluntary dismissal of this action under FRCP 41 and, so construed, the request is GRANTED. and This case is CLOSED. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JON HUMES,
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Plaintiff,
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No. 2:18-cv-0115 KJM CKD P
v.
ORDER
JEFF SESSIONS, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On June 27, 2018, the magistrate judge filed findings and recommendations, which
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were served on plaintiff and which contained notice to plaintiff that any objections to the findings
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and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the
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findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,
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this court has conducted a de novo review of this case. Having reviewed the file, in the interests
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of justice the court construes plaintiff’s objections as a request for voluntary dismissal of this
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federal civil rights action and, so construed, the request will be granted.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed June 27, 2018, are not adopted;
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2. Plaintiff’s objections are construed as a request for voluntary dismissal of this
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action under Fed. R. Civ. P. 41 and, so construed, the request is granted; and
3. This case is closed.
DATED: August 13, 2018.
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UNITED STATES DISTRICT JUDGE
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