Martin v. Ponder et al

Filing 6

ORDER ADDRESSING MOTION FOR VOLUNTARY DISMISSAL. Signed by Judge Jeremy Fogel on 12/16/08. (dlm, COURT STAFF) (Filed on 12/17/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RONNIE S. MARTIN, Plaintiff, vs. KENNETH PONDER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C 08-4459 JF (PR) ORDER ADDRESSING MOTION FOR VOLUNTARY DISMISSAL Plaintiff, a California prisoner proceeding pro se, filed the instant civil rights action pursuant to 42 U.S.C. 1983. The Court dismissed the complaint with leave to amend so that Plaintiff may attempt to allege facts showing why his claims are not timebarred. On December 8, 2008, Plaintiff notified the Court that he would like to dismiss the case, which the Court construes as a motion for voluntary dismissal. However, in the same document Plaintiff requests the Court to send notification to the Prison's Trust Office "instructing them to remove the filing fee order on 11/20/2008." (See Docket No. 5.) Plaintiff is advised that voluntary dismissal of this action does not waive the filing fee. Pursuant to the Court's November 25, 2008 order, Plaintiff has until December 25, Order Addressing Motion for Voluntary Dismissal P:\PRO-SE\SJ.JF\CR.08\Martin4459_re vol dism.wpd 1 1 2 3 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 2008 to file an amended complaint. If Plaintiff still wishes to pursue this action, he must file an amended complaint in the time provided. At the same time, Plaintiff must file a motion to withdraw his motion to dismiss (Docket No. 5). If Plaintiff fails to file an amended complaint in the time provided, the Court will dismiss this action without prejudice. IT IS SO ORDERED. DATED: 12/16/08 JEREMY FOGEL United States District Judge Order Addressing Motion for Voluntary Dismissal P:\PRO-SE\SJ.JF\CR.08\Martin4459_re vol dism.wpd 2

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