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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 Case No.: 3:17-cv-01598-GPC-PCL MARTIN WARE H-13103, 13 14 15 16 ORDER DISMISSING CIVIL ACTION WITHOUT PREJUDICE Plaintiff, v. UNKNOWN RICHARD J. DONOVAN CORRECTIONAL OFFICERS, Defendant. 17 18 19 20 I. Procedural History On July 31, 2017, Martin Ware (“Plaintiff”), a state inmate currently housed at the 21 California Substance Abuse Treatment Facility, filed a letter with this Court claiming that 22 his constitutional rights were violated when he was previously housed at the Richard J. 23 Donovan Correctional Facility (“RJD”). (ECF No. 1.) The Court liberally construed 24 Plaintiff’s filing to be a civil rights complaint pursuant to 42 U.S.C. § 1983. 25 On August 25, 2017, Plaintiff filed a Motion for Leave to Proceed In Forma 26 Pauperis (“IFP”). (ECF No. 5.) However, before the Court could rule on Plaintiff’s IFP 27 Motion, he filed a “Motion for Reconsideration.” (ECF No. 8.) 1 3:17-cv-01598-GPC-PCL 1 II. 2 Motion for Reconsideration In this Motion, Plaintiff does not appear to actually seek reconsideration of any 3 previous Court ruling but instead requests that the Court “void the 1983 action until 4 Plaintiff can receive actual revised correct filing form and/or because he still needs more 5 time to research this case and submit his complaint when ready to do so.” (Id., at 1.) The 6 Court construes Plaintiff’s request as a notice of voluntary dismissal pursuant to 7 Fed.R.Civ.P. 41(a). 8 II. 9 10 11 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. 12 (2) 13 The Clerk of Court shall close the file. 14 15 16 IT IS SO ORDERED. Dated: September 18, 2017 17 18 19 20 21 22 23 24 25 26 27 2 3:17-cv-01598-GPC-PCL

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?