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Lamon v. Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Sep 29, 2011
CASE NO. 1:09-cv-02220-LJO-SKO PC (E.D. Cal. Sep. 29, 2011)

Opinion

CASE NO. 1:09-cv-02220-LJO-SKO PC

09-29-2011

BARRY LOUIS LAMON, Plaintiff, v. MATTHEW L. CATE, et al., Defendants.


ORDER DENYING PENDING MOTIONS AS

MOOT AND DIRECTING CLERK OF THE

COURT TO CLOSE THIS CASE PURSUANT

TO PLAINTIFF'S NOTICE OF VOLUNTARY

DISMISSAL


(Docs. 25, 26, and 28)

On September 26, 2011, Plaintiff Barry Louis Lamon filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims, without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court no longer has jurisdiction over the claims. Id.

Accordingly, all pending motions are DENIED as moot and the Clerk of the Court is DIRECTED to close this file pursuant to Plaintiff's notice of voluntary dismissal filed on September 26, 2011.

IT IS SO ORDERED.

Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE


Summaries of

Lamon v. Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Sep 29, 2011
CASE NO. 1:09-cv-02220-LJO-SKO PC (E.D. Cal. Sep. 29, 2011)
Case details for

Lamon v. Cate

Case Details

Full title:BARRY LOUIS LAMON, Plaintiff, v. MATTHEW L. CATE, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Sep 29, 2011

Citations

CASE NO. 1:09-cv-02220-LJO-SKO PC (E.D. Cal. Sep. 29, 2011)