UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 4, 2012
D. ADAMS, ET AL.,
The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
VOLUNTARY DISMISSAL OF ACTION (ECF No. 55) CLERK SHALL CLOSE CASE
Plaintiff Kenny Calihan ("Plaintiff") is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983.
This action was initiated August 6, 2009. (ECF No. 1.) On December 30, 2011, Plaintiff filed a note with the Court asking that his Complaint be voluntarily dismissed. (ECF No. 55.)
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 note requesting dismissal of his Complaint 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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