Purtle

(PC) Harvey v. Purtle

Good Law
United States District Court, Eastern District of CaliforniaSeptember 3, 20212:20-cv-01363California572 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW CARL HARVEY, No. 2:20-cv-01363-JAM-CKD Plaintiff, v. ORDER PURTLE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On June 30, 2021, plaintiff filed a notice of voluntary dismissal with prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. ECF No. 26. Defendants did not sign the voluntary dismissal because it was filed prior to service of their answer. See Fed. R. Civ. P. 41(a)(1)(A)(i). In accordance with the voluntary dismissal, the case was closed on July 1, 2021. ECF No. 27. On July 29, 2021, plaintiff filed a request to withdraw the voluntary dismissal indicating that he “was forced to drop” his lawsuit. ECF No. 28. Plaintiff does not provide any further details concerning what made him drop the lawsuit. He only indicates that he will send a declaration with…

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