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Martin v. Vasquez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 14, 2009

LANCE R. MARTIN, PLAINTIFF,
v.
L. M. VASQUEZ, DEFENDANT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DISREGARDING MOTION TO/WITHDRAW

(Doc. 18)

Plaintiff Lance R. Martin ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is a motion to withdraw by Plaintiff, filed on December 1, 2009, which the Court construes as a motion for voluntary dismissal. (Doc. 18.) On November 18, 2009, Plaintiff submitted a request for judicial notice that any motion to withdraw this case was erroneously submitted. (Doc. 15.) It is unclear to the Court why Plaintiff submitted a request to withdraw his motion to voluntarily dismiss prior to the motion's submission. However, the Court will grant Plaintiff's request and disregard the motion to withdraw.

Accordingly, the Court HEREBY ORDERS that Plaintiff's motion to withdraw this action, filed on December 1, 2009, is DISREGARDED.

IT IS SO ORDERED.

20091214

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