Burr v. Schwarzenegger et al

Filing 23

ORDER signed by Magistrate Judge Gregory G. Hollows on 06/16/11 granting 22 Motion to Dismiss. Case dimsissed pursuant to FRCP 41(a). CASE CLOSED. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY LANE BURR, Plaintiff, 11 12 No. CIV S-10-0120 GEB GGH P vs. 13 ARNOLD SCHWARZENEGGER, et al., 14 Defendants. ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has requested that this action be 16 17 dismissed without prejudice. Although this court’s findings and recommendations, 18 recommending, inter alia, granting defendants’ motion to dismiss, pursuant to nonenumerated 19 Rule 12(b), are pending (and the recommendation was made for dismissal without prejudice), 20 plaintiff has elected to dismiss his case voluntarily. No answer or motion for summary judgment 21 having been filed, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the action is dismissed. 22 Accordingly, the Clerk of Court shall close this case. 23 DATED: June 16, 2011 24 /s/ Gregory G. Hollows 25 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 26 GGH:009/mp burr0120.59ggh

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