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Charles G. Reece v. Gary Swarthout

May 4, 2011

CHARLES G. REECE, PLAINTIFF,
v.
GARY SWARTHOUT, WARDEN, DEFENDANT.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, has moved to withdraw his complaint, i.e., to dismiss this action voluntarily. While defendants' motion to dismiss is pending, defendants have not yet filed an answer or a motion for summary for summary judgment. Therefore, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the action is dismissed.

Accordingly, the Clerk of Court shall close this case.

Gregory G. Hollows

GGH:009/mp reec2770.59ggh

20110504

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