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Mester v. McDonald

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


November 9, 2010

MORRIS MESTER, PLAINTIFF,
v.
MCDONALD, DEFENDANT.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's document entitled "Objections to Magistrate Recommendations and Findings" (Doc. 11).*fn1

In the complaint, plaintiff states that he has another pending civil rights action before this court under case number CIV-S-09-3307-FCD-KJN-P, and that the current action seeks a "hardship transfer" so that plaintiff can be closer to family. In the current filing, plaintiff states:

Plaintiff is dismissing this action because classification recommendation is Salinas Valley Level 3 or R.J. Donovan Level 3 yard is OK with the plaintiff.

The court construes plaintiff's current filing as a notice of voluntary dismissal. Because no response to the complaint has been filed, leave of court is not required and the action is dismissed on plaintiff's notice. See Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to close this file.

IT IS SO ORDERED.


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