Opinion
NO. 1:11 cv 01268 GSA PC
09-08-2011
ORDER DISMISSING ACTION
Plaintiff is a state prisoner proceeding pro se in this civil rights action. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1).
Plaintiff has filed a request to dismiss this action. Specifically, Plaintiff indicates that he no longer seeks to pursue this action. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(I), Plaintiff may dismiss this action, so long as a responsive pleading has not been filed. No defendants have been served, and a responsive pleading has not been filed.
Accordingly, IT IS HEREBY ORDERED that this action is dismissed, without prejudice, on Plaintiff's motion. The Clerk is directed to close this case.
IT IS SO ORDERED.
Gary S. Austin
UNITED STATES MAGISTRATE JUDGE