Charles James Glass v. Jason Black et al
Filing
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ORDER DISMISSING ACTION WITHOUT PREJUDICE by Judge George H. King. It is hereby ordered that the instant action is dismissed without prejudice. **See Order for details.**Case Terminated. Made JS-6. (ch)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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CHARLES JAMES GLASS,
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Plaintiff,
v.
JASON BLACK, et al.,
Defendants.
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No. CV 12-3564-GHK (PLA)
ORDER DISMISSING ACTION WITHOUT
PREJUDICE
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Plaintiff, who is confined to Atascadero State Hospital, filed a pro se civil rights action in this
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Court on April 30, 2012, after being granted leave to proceed in forma pauperis. On May 10,
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2012, the Magistrate Judge dismissed plaintiff’s Complaint with leave to amend, finding that his
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allegations as set forth in the Complaint were insufficient to state a federal civil rights claim against
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any defendant. Plaintiff was instructed that if he desired to pursue this action, he must file a First
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Amended Complaint, no later than June 11, 2012, remedying the deficiencies of his pleading as
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discussed in the Magistrate Judge’s May 10, 2012, Order.
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On May 23, 2012, plaintiff filed a “Response to Court[’]s Order Regarding Leave of Court
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to Amend,” in which he states that he “feels that a state habeus [sic] filing may better serve his
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claims and requested relief,” and in which he “requests that he be allowed to withdraw his case
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without prejudice.” After an action has been filed, a plaintiff may, under certain circumstances,
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obtain a voluntary dismissal of the action. Fed.R.Civ.P. 41(a)(1). The Court construes plaintiff’s
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unequivocal request to withdraw his Complaint in this action as a request that this action be
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dismissed without prejudice. Accordingly, pursuant to Rule 41(a)(1) of the Federal Rules of Civil
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Procedure, which allows a plaintiff to dismiss an action even without order of the Court by filing
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a notice of dismissal at any time before service by the opposing party of a responsive pleading
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(which is the situation here), it is hereby ordered that the instant action is dismissed without
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prejudice.
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DATED:
5/29/12
HONORABLE GEORGE H. KING
UNITED STATES DISTRICT JUDGE
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