Ware v. Unknown Richard J. Donovan Correctional Facility Officers

Filing 9

ORDER Dismissing Civil Action Without Prejudice. The Court construes Plaintiff's request 8 as a notice of voluntary dismissal. The Court: Grants 8 Motion for Reconsideration and dismisses the entire action without prejudice; and Denies 5 Motion for Leave to Proceed in forma pauperis. Signed by Judge Gonzalo P. Curiel on 9/18/17. (All non-registered users served via U.S. Mail Service)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 3:17-cv-01598-GPC-PCL
MARTIN WARE
H-13103,

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ORDER DISMISSING CIVIL
ACTION WITHOUT PREJUDICE

Plaintiff,
v.
UNKNOWN RICHARD J. DONOVAN
CORRECTIONAL OFFICERS,
Defendant.

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I.

Procedural History
On July 31, 2017, Martin Ware (“Plaintiff”), a state inmate currently housed at the

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California Substance Abuse Treatment Facility, filed a letter with this Court claiming that

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his constitutional rights were violated when he was previously housed at the Richard J.

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Donovan Correctional Facility (“RJD”). (ECF No. 1.) The Court liberally construed

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Plaintiff’s filing to be a civil rights complaint pursuant to 42 U.S.C. § 1983.

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On August 25, 2017, Plaintiff filed a Motion for Leave to Proceed In Forma

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Pauperis (“IFP”). (ECF No. 5.) However, before the Court could rule on Plaintiff’s IFP

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Motion, he filed a “Motion for Reconsideration.” (ECF No. 8.)
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3:17-cv-01598-GPC-PCL

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II.

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Motion for Reconsideration
In this Motion, Plaintiff does not appear to actually seek reconsideration of any

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previous Court ruling but instead requests that the Court “void the 1983 action until

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Plaintiff can receive actual revised correct filing form and/or because he still needs more

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time to research this case and submit his complaint when ready to do so.” (Id., at 1.) The

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Court construes Plaintiff’s request as a notice of voluntary dismissal pursuant to

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Fed.R.Civ.P. 41(a).

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II.

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Conclusion and Order
For the reasons set forth above, the Court hereby:
(1)

GRANTS Plaintiff’s “Motion for Reconsideration” (ECF No. 8) and

dismisses the entire action, without prejudice, pursuant to Fed.R.Civ.P. 41(a)(2).
DENIES Plaintiff’s Motion for Leave to Proceed IFP as moot.

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(2)

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The Clerk of Court shall close the file.

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IT IS SO ORDERED.
Dated: September 18, 2017

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3:17-cv-01598-GPC-PCL