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Heilman v. Knowles

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 19, 2010

THOMAS JOHN HEILMAN PLAINTIFF,
v.
WARDEN M. KNOWLES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kent J. Dawson United States District Judge

ORDER

Currently before the Court is Plaintiff Thomas John Heilman's Motion to Amend the Complaint (#8). Also before the Court is Plaintiff's Motion for Voluntary Dismissal (#9). Pursuant to Fed. R.

Civ. P. 41(a)(1) a Plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment. To date, no answer or motion for summary judgment has been filed in this case. Accordingly, the Court recognizes Plaintiff's pro se document (#9) as a Motion for Voluntary Dismissal pursuant to Rule 41(a)(1) and orders the Clerk of the Court to dismiss Plaintiff's Complaint without prejudice. Accordingly, Plaintiff's Motion to Amend the Complaint (#8) is denied as moot.

IT IS SO ORDERED.

20100319

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