(PC) Humes v. Sessions, No. 2:2018cv00115 - Document 12 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 8/13/18 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/27/18 10 are not adopted; Plaintiff's objections are construed as a request for voluntary dismissal of this action under FRCP 41 and, so construed, the request is GRANTED. and This case is CLOSED. (Mena-Sanchez, L)

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(PC) Humes v. Sessions Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JON HUMES, 12 Plaintiff, 13 14 No. 2:18-cv-0115 KJM CKD P v. ORDER JEFF SESSIONS, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 27, 2018, the magistrate judge filed findings and recommendations, which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the 23 findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 24 25 this court has conducted a de novo review of this case. Having reviewed the file, in the interests 26 of justice the court construes plaintiff’s objections as a request for voluntary dismissal of this 27 federal civil rights action and, so construed, the request will be granted. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 27, 2018, are not adopted; 3 2. Plaintiff’s objections are construed as a request for voluntary dismissal of this 4 5 6 action under Fed. R. Civ. P. 41 and, so construed, the request is granted; and 3. This case is closed. DATED: August 13, 2018. 7 8 UNITED STATES DISTRICT JUDGE 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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