Wyatt v. Reynoso

Full title: CLARENCE WYATT, Plaintiff, v. V. REYNOSO, et al., Defendants.

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

Date published: Dec 19, 2005

1:04 CV F 6484 OWW DLB P (E.D. Cal. Dec. 19, 2005)

Opinion

CLARENCE WYATT, Plaintiff, v. V. REYNOSO, et al., Defendants. No. 1:04 CV F 6484 OWW DLB P United States District Court, E.D. California. December 19, 2005

          Order Dismissing Action Pursuant to Plaintiff's Notice of Voluntary Dismissal (DOC # 18)

          OLIVER WANGER, District Judge.

         Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action filed pursuant to 42 U.S.C. § 1983.

         On August 8, 2005, plaintiff filed a document entitled "Motion to Dismiss" in which he states that he wishes to dismiss this action. Pursuant to Federal Rule of Civil Procedure 41(a), an action may be dismissed by plaintiff by filing a notice of dismissal before service by the adverse party of an answer or of a motion for summary judgment. Although defendants have been served with notice of this action, on August 12, 2005, defendants filed a notice of non-opposition to plaintiff's request to dismiss the action. Further, defendants have not filed a responsive pleading.

         Accordingly, this action is DISMISSED pursuant to plaintiff's notice of voluntary dismissal and the Clerk of Court is directed to close the file in this action.

         IT IS SO ORDERED.