IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 13, 2013
KAWAUNE GREGORY PEARSON, PLAINTIFF,
DR. S. GOLUBYATNIKOV, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. The only defendant is S. Golubyatnikov.
On March 4, 2013, plaintiff filed a document titled "Motion for Summary Up-date." In this document, plaintiff requests that the court "verify" the status of this action. Plaintiff concludes this document by stating, "Plaintiff will no longer litigate his above at this time." Defendant construed plaintiff's March 4, 2013 pleading to include a request for voluntary dismissal. On March 8, 2013, defendant filed a statement of non-opposition to plaintiff's request for voluntary dismissal of this action.
It is not entirely clear to the court that plaintiff intended to request a voluntary dismissal of this action.
Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this order, plaintiff shall file a short statement clarifying whether he is requesting that this action be voluntarily dismissed.
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