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Darryl E. Brown v. G. Gibson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 16, 2011

DARRYL E. BROWN,
PLAINTIFF,
v.
G. GIBSON, ET AL.,
DEFENDANT.

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.

20111216

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