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Banks v. Scott

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 17, 2009

LARRY BANKS, PLAINTIFF,
v.
DR. SCOTT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DISMISSING ACTION

Plaintiff is a Fresno County Jail inmate proceeding pro se in a civil rights action against officials of the California Department of Corrections and Rehabilitation. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1).

On June 24, 2009, an order was entered, dismissing the complaint and granting Plaintiff leave to file an amended complaint. On July 29, 2009, Plaintiff filed a motion to voluntarily dismiss this action. Plaintiff specifically requests to "dismiss and drop this complaint on all the defendants." Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff may dismiss this action without prejudice on his own motion, so long as a responsive pleading has not been filed. No defendants has been served or entered an appearance.

Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice on Plaintiff's motion. The Clerk is directed to close this case.

IT IS SO ORDERED.

20090817

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