Opinion
1:09-cv-1373-LJO-MJS (PC)
01-04-2012
KENNY CALIHAN, Plaintiff, v. D. ADAMS, et al., Defendants.
VOLUNTARY DISMISSAL OF ACTION
(ECF No. 55)
CLERK SHALL CLOSE CASE
Plaintiff Kenny Calihan ("Plaintiff") is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983.
This action was initiated August 6, 2009. (ECF No. 1.) On December 30, 2011, Plaintiff filed a note with the Court asking that his Complaint be voluntarily dismissed. (ECF No. 55.)
Under Fed. R. Civ. P. 41(a)(1)(A), a plaintiff may dismiss an action without a court order by filing a notice of dismissal. Plaintiff's note requesting dismissal of his Complaint is read as a notice of dismissal.
Accordingly, pursuant to Fed. R. Civ. P. 41, this action is hereby DISMISSED without prejudice.
The Clerk shall CLOSE this case.
IT IS SO ORDERED.
___________________________
UNITED STATES MAGISTRATE JUDGE