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Aquino v. Vgwueze

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


June 14, 2010

DORIAN M. AQUINO, PLAINTIFF,
v.
GODWIN VGWUEZE, DEFENDANT.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS (Doc. 5)

Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff's motion for voluntary dismissal of this acion.

This action was initiated by civil complaint filed by Plaintiff on April 5, 2010. On April 12, 2010, Plaintiff filed a document titled as a Notice of Voluntary Dismissal. In his notice, Plaintiff indicates that he "wishes the court to please dismiss the following case #, 1:10-cv-00584-MJS." Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff may dismiss his action on his own motion, so long as a responsive pleading has not been filed. There has been no service of process and Defendant has not entered an appearance.

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

IT IS SO ORDERED.

20100614

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