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Anthony Lee Cooper v. Director of Corrections

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


December 13, 2010

ANTHONY LEE COOPER,
PLAINTIFF,
v.
DIRECTOR OF CORRECTIONS, ET AL., (DOC. 15) DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THIS CASE

P U R S U A N T T O P L A I N T I F F ' S

VOLUNTARY DISMISSAL

Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On December 10, 2010, Plaintiff filed a motion for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a). At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims without prejudice. See Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice of voluntary dismissal has the effect of closing the action, and the Court no longer has jurisdiction over the claims. Id.

Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this case pursuant to Plaintiff's notice of voluntary dismissal filed December 10, 2010.

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20101213

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