(PC) Brown v. State of California, et al, No. 2:2012cv03045 - Document 55 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Allison Claire on 03/03/16 vacating 53 FINDINGS AND RECOMMENDATIONS. Plaintiff's request to voluntarily dismiss this case 54 will be honored and this case is dismissed pursuant to FRCP 41(a). (Plummer, M)
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(PC) Brown v. State of California, et al Doc. 55 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEXTER BROWN, 12 13 14 No. 2:12-cv-3045 MCE AC P Plaintiff, v. ORDER STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action filed pursuant to 42 18 U.S.C. § 1983. Currently before the court is plaintiff’s request to voluntarily dismiss the case. 19 ECF No. 54. 20 Federal Rule of Civil Procedure 41(a)(1) allows a plaintiff to voluntarily dismiss an action 21 without prejudice without an order of the court if the opposing party has not yet filed an answer 22 or motion for summary judgment. The defendant in this case has not yet been served, and the 23 court will therefore honor plaintiff’s request to dismiss this action without prejudice. In light of 24 plaintiff’s request to voluntarily dismiss the case, the findings and recommendations filed January 25 19, 2016, which recommended dismissal based on plaintiff’s failure to submit a completed 26 service packet, will be vacated. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The findings and recommendations filed January 19, 2016 (ECF No. 53), are vacated. 1 Dockets.Justia.com 1 2. Plaintiff’s request to voluntarily dismiss the case (ECF No. 54) will be honored and 2 this case is dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1). 3 DATED: March 3, 2016 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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