Opinion
Case No. 1:02-CV-5486-REC-SMS-P.
February 15, 2006
Plaintiff James Cato, Jr. ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter is set for jury trial before the Honorable Robert E. Coyle on May 2, 2006. On February 13, 2006, Plaintiff filed a motion for voluntary dismissal. In his motion, Plaintiff states that he is unable to prosecute his case at this time due to being housed in administrative segregation.
Plaintiff is hereby notified that if the Court dismisses this action based on his notice of voluntary dismissal, the dismissal will be with prejudice. Fed.R.Civ.P. 41(a)(2). If Plaintiff wishes to withdraw his motion in light of this notice, he has fifteen (15) days within which to do so. If Plaintiff does not file any response to this order within fifteen days, this action will be dismissed, with prejudice.
IT IS SO ORDERED.