United States District Court, S.D. California
November 2, 2005.
ARTHUR DAVID COLGATE, Plaintiff,
UCSD MEDICAL CENTER, et. al., Defendants.
The opinion of the court was delivered by: JOHN HOUSTON, Magistrate Judge
ORDER GRANTING PLAINTIFF'S VOLUNTARY DISMISSAL WITHOUT PREJUDICE
On October 14, 2005, Plaintiff filed a motion to dismiss the
instant suit against all defendants, and requested a hearing date
of November 14, 2005, at 10:30 am. In his motion, Plaintiff
states that he "realizes he filed this action in error," and asks
the Court to dismiss this action "in the interest of justice."
See Doc. No. 61 at 4. This Court construes this motion as a
voluntary dismissal, see Fed.R.Civ.P. 41 (a)(2), and
therefore finds that all defendants be dismissed without
prejudice. The hearing date of November 14, 2005, is hereby
Accordingly, IT IS HEREBY ORDERED:
1. Plaintiff's voluntary dismissal is GRANTED
2. Plaintiff's hearing date of November 14, 2005, at
10:30 am, is VACATED.
3. The Clerk of the Court shall terminate this case.
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