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Lawrence Brown v. Sandra Hutchens

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 3, 2013

LAWRENCE BROWN, PLAINTIFF,
v.
SANDRA HUTCHENS, SHERIFF OF ORANGE COUNTY,
DEFENDANT.

The opinion of the court was delivered by: United States District Judge Cormac J. Carney

ORDER FOR DISMISSAL OF ACTION WITHOUT PREJUDICE

On April 24, 2012, Lawrence Brown ("Plaintiff") initiated this action by filing a Civil Rights Complaint Pursuant to 42 U.S.C. § 1983 (hereinafter "Complaint"). The Court dismissed the Complaint with leave to amend on October 18, 2012. On November 15, 2012, Plaintiff filed a First Amended Complaint ("FAC").

On November 30, 2012, defendant filed a motion to dismiss the FAC and a motion to strike portions of the FAC. On December 19, 2012, Plaintiff filed a document in which he stated that he was voluntarily dismissing the action in its entirety.

To the extent Plaintiff's filing is construed to be a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1), because defendant has not filed an answer to the FAC or a motion for summary judgment, the notice is sufficient in and of itself to dismiss the action without further order of this Court.

To the extent Plaintiff's filing is construed to be a request pursuant to Federal Rule of Civil Procedure 41(a)(2) for an order dismissing the action, Plaintiff's request is granted and the action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2).

IT IS THEREFORE ORDERED that this action is hereby dismissed without prejudice.

Presented by:

/S/ FREDERICK F. MUMM FREDERICK F. MUMM United States Magistrate Judge

20130103

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