Martinez

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 ROBERT MEDINA, JR., Case No. 1:23-cv-00935-KES-EPG (PC) 12 Plaintiff, ORDER FOR DEFENDANTS TO 13 RESPOND TO PLAINTIFF’S MOTION v. TO VOLUNTARILY DISMISS 14 GUSTAVO MARTINEZ, et al., 15 (ECF Nos. 53) Defendants. 16 17 Plaintiff Robert Medina, Jr. was confined in Fresno County Jail (FCJ) at the time the 18 events giving rise to this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff 19 proceeds pro se and in forma pauperis on his Eighth Amendment claim against Defendants 20 J. Alvarez, Gustavo Martinez, and First-Name-Unknown (FNU) Martinez. Defendant Alvarez 21 was served and answered Plaintiff’s complaint. (ECF No. 37). 22 On January 27, 2025, Plaintiff filed a Motion to Voluntarily dismiss this case. (ECF No. 23 53). Plaintiff states that “This is Medina” and that he is asking “to end this case” because he 24 wants to “move on with [his] life.” (Id. at 1). 25 Federal Rule of Civil Procedure 41(a) “allows plaintiffs voluntarily to dismiss some or 26 all of…