UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 16, 2011
DARRYL E. BROWN,
G. GIBSON, ET AL.,
The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
VOLUNTARY DISMISSAL OF ACTION (ECF No. 7)
CLERK SHALL CLOSE CASE
Plaintiff Darryl E. Brown ("Plaintiff") is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983.
This action was initiated November 14, 2011. (ECF No. 1.) On the same day, Plaintiff filed a Motion for a Temporary Restraining Order. (ECF No. 3.) Plaintiff later filed a Motionfor leave to amend his Complaint. (ECF No. 6.) Then, on December 8, 2011, Plaintiff filed a "Motion: Requesting Voluntary Dismissal," asking that his Complaint be voluntarily dismissed. (ECF No. 7.)
Under Fed. R. Civ. P. 41(a)(1)(A), a plaintiff may dismiss an action without a court order by filing a notice of dismissal. Plaintiff's motion to withdraw is read as a notice of dismissal.
Accordingly, pursuant to Fed. R. Civ. P. 41, this action is hereby DISMISSED without prejudice.
The Clerk shall CLOSE this case.
IT IS SO ORDERED.
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