Harris v. Harrington et al
Filing
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ORDER Denying Plaintiff's 31 Motion for Reconsideration signed by Magistrate Judge Sandra M. Snyder on 06/01/2011. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DARREN HARRIS,
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CASE NO. 1:10-cv-01215-AWI-SMS
Plaintiff,
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ORDER DENYING PLAINTIFF’S MOTION FOR
RECONSIDERATION
v.
(ECF No. 31)
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K. HARRINGTON, et al.,
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Defendants.
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Plaintiff Darren Harris (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 13, 2011, an order issued
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dismissing this action based on Plaintiff’s notice of voluntary dismissal. (ECF No. 30.) Plaintiff
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filed a motion for reconsideration on March 27, 2011, stating that he did not want the case closed,
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only dismissed, without prejudice, so he could pursue the action after he has exhausted his
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administrative remedies. (ECF No. 31.) A dismissal pursuant to Rule 41(a) is without prejudice,
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and Plaintiff may re-file the action once he has exhausted his administrative remedies. Fed. R. Civ.
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Proc. 41(b).
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Accordingly, Plaintiff’s motion for reconsideration filed May 27, 2011, is HEREBY
DENIED.
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IT IS SO ORDERED.
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Dated:
June 1, 2011
/s/ Sandra M. Snyder
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UNITED STATES MAGISTRATE JUDGE
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