Flores v. Evans

Filing 7

ORDER Granting Plaintiff's Motion for Voluntary Dismissal. Signed by Judge Ronald M. Whyte on 7/30/10. (jg, COURT STAFF) (Filed on 8/2/2010)

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Flores v. Evans Doc. 7 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 On May 18, 2010, plaintiff, a prisoner currently incarcerated at Kern Valley State Prison, filed a "motion for adverse actions," which the Clerk of the Court construed as a civil rights complaint pursuant to 42 U.S.C. 1983. That same day, the Clerk sent plaintiff a notice that plaintiff was required to either pay the $350.00 filing fee or file an application for in forma pauperis in order to proceed with his action. The Clerk also sent plaintiff a notice that he was required to file an actual complaint. On June 24, 2010, plaintiff filed a motion to withdraw his "motion for adverse actions," explaining that he "is unable to conduct required investigations of law and facts for the filing of a formal" civil rights complaint and believed he was only submitting the underlying motion "for this Honorable Court's records." The court construes plaintiff's motion as a motion for voluntary dismissal of this action. Order Granting Plaintiff's Motion for Voluntary Dismissal P:\PRO-SE\SJ.Rmw\CR.10\Flores127voldis.wpd *E-FILED - 8/2/10* IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GEORGE FLORES, Plaintiff, v. WARDEN EVANS, Defendant. ) ) ) ) ) ) ) ) ) ) No. C 10-2127 RMW (PR) ORDER GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL Dockets.Justia.com 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 Plaintiff may voluntarily dismiss his complaint with or without order of this court. See Fed. R. Civ. P. 41(a)(2); 41(a)(1)(i). Said dismissal may be with or without prejudice, but unless plaintiff's notice of dismissal or the court order states otherwise, it is deemed to be "without prejudice." See Fed. R. Civ. P. 41(a)(1); 41(a)(2). As such, motion seeking voluntary dismissal is GRANTED. This action is DISMISSED. The Clerk shall close the file. IT IS SO ORDERED. 7/30/10 DATED: RONALD M. WHYTE United States District Judge Order Granting Plaintiff's Motion for Voluntary Dismissal 2 P:\PRO-SE\SJ.Rmw\CR.10\Flores127voldis.wpd

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