(PC) Fox v. CDCR Secretary

Good Law
United States District Court, Eastern District of CaliforniaJanuary 13, 20221:21-cv-01501California216 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

4 FREDDY T. FOX, Case No. 1:21-cv-01501-SAB (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT

TO CLOSE CASE PURSUANT TO

v. PLAINTIFF’S NOTICE OF VOLUNTARY

DISMISSAL

CDCR SECRETARY, et al., (ECF No. 11) Defendants. 13 Freddy Fox (‘Plaintiff’), a state prisoner, is proceeding pro se and in forma pauperis in 15 this civil rights action pursuant to 42 U.S.C. § 1983. On January 11, 2022, Plaintiff filed a notice of voluntary dismissal pursuant to Federal 17 Rule of Civil Procedure 41(a)(1)G). At this stage in the proceedings, Plaintiff has the absolute 18 right to dismiss his claims, without prejudice. Duke Energy Trading & Mktg., L.L.C. v. Davis, 19 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the 20 action, and the Court no longer has jurisdiction over the claims. Id. Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to 22 Plaintiff’s notice of…

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