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McAllister v. Gunja

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 7, 2010

JOHN I MCALLISTER, PLAINTIFF,
v.
J.E. GUNJA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DISMISSING DEFENDANT BOISTER FROM ACTION

Plaintiff John I. McAllister ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for civil rights violations committed by federal actors.

On June 4, 2010, Plaintiff filed a notice of voluntary dismissal of his claims against Defendant Boister. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(i), a plaintiff may dismiss an action against a defendant by filing a notice of dismissal before that defendant makes an appearance in the action.

Accordingly, it is HEREBY ORDERED that Defendant Boister is dismissed from this action.

IT IS SO ORDERED.

20100907

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