(PC)Jones v. Burgett et al, No. 2:2009cv03218 - Document 9 (E.D. Cal. 2010)
Court Description: ORDER signed by Magistrate Judge Craig M. Kellison on 05/06/10 vacating 7 FINDINGS AND RECOMMENDATIONS. This action is dismissed on plaintiff's notice of voluntary dismissal. The clerk of the court is directed to close this file. (Plummer, M)
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(PC)Jones v. Burgett et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MALIK JONES, 12 13 14 15 Plaintiff, vs. ORDER J. BURGETT, et al., Defendants. 16 17 No. CIV S-09-3218-LKK-CMK-P / Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has filed a notice of voluntary dismissal. Because no response to the 19 complaint has been filed, leave of court is not required and the action shall be dismissed on 20 plaintiff’s notice. See Fed. R. Civ. P. 41(a)(1)(A)(i). The notice of voluntary dismissal was 21 received but not docketed prior to the undersigned issuing findings and recommendations that 22 this action be dismissed for Plaintiff’s failure to prosecute. Those findings and recommendations 23 are now unnecessary given Plaintiff’s request for voluntary dismissal and will be vacated. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The findings and recommendations filed May 5, 2010, are vacated; 26 2. This action is dismissed on Plaintiff’s notice of voluntary dismissal; and 1 Dockets.Justia.com 1 3. The Clerk of the Court is directed to close this file. 2 3 4 5 DATED: May 6, 2010 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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