Opinion
Civil Action No. 11-cv-02086-CMA-MEH
01-09-2012
MINUTE ORDER
Entered by Michael E. Hegarty , United States Magistrate Judge, on January 9, 2012.
This Court held a Status Conference in this matter on January 6, 2012, at which the Plaintiff, a prisoner proceeding pro se in this case, appeared by telephone. The Plaintiff informed the Court on the record that he wishes to dismiss the case.
Later in the afternoon of January 6, 2012, the Plaintiff filed the within Motion to Voluntarily Dismiss Case [filed January 6, 2012; docket #26], which has been referred to this Court. In the motion, Plaintiff asserts, "I would like to not pursue this case anymore and would like to request that this case be closed." Id.
As the Defendant has not yet answered or entered an appearance in this case, the Court construes Plaintiff's statement as a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), and grants the motion. The Plaintiff's claim(s) are dismissed without prejudice (see Fed. R. Civ. P. 41(a)(1)(B)), and the Clerk of the Court is ordered to close this case accordingly.