Smith v. Felker

Full title: MICHAEL LENIOR SMITH, Plaintiff, v. WARDEN T. FELKER, et al., Defendants

Court: United States District Court, E.D. California

Date published: Oct 21, 2005

No. Civ. S-04-1594 LKK DAD P (E.D. Cal. Oct. 21, 2005)

Opinion

No. Civ. S-04-1594 LKK DAD P.

October 21, 2005

ORDER

DALE DROZD, Magistrate Judge

Plaintiff, a state prisoner proceeding pro se, has requested that this civil rights action be dismissed. Defendants have filed a statement of non-opposition to voluntary dismissal of the action without prejudice. Pursuant to Fed.R.Civ.P. 41(a)(2), plaintiff's request will be granted.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's October 7, 2005 request for voluntary dismissal is granted;

2. Plaintiff's applications, requests, and motions filed April 19, 2005 (#16 and #18); May 4, 2005 (#21 and #23); June 23, 2005 (#27); July 13, 2005 (#29); and August 31, 2005 (#34) are denied as moot;

3. Defendants' August 29, 2005 request for extension of time (#32) is denied as moot; and

4. This action is dismissed without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.