From Casetext: Smarter Legal Research

Graves v. Clinton

United States District Court, E.D. California
Nov 24, 2010
No. 2:10-cv-03128 JAM KJN PS (E.D. Cal. Nov. 24, 2010)

Opinion

No. 2:10-cv-03128 JAM KJN PS.

November 24, 2010


ORDER


On November 19, 2010, plaintiff filed his complaint in this matter and an application to proceed without the prepayment of fees, otherwise referred to as an application to proceed in forma pauperis. (Dkt. Nos. 1, 2.) Ordinarily, the undersigned would screen plaintiff's complaint pursuant to 28 U.S.C. § 1915 to determine whether service of the complaint is proper as to any named defendants.

However, on November 19, 2010, plaintiff also filed a handwritten notice with the court that indicates that he wishes to "withdraw" from this action and that he will re-file this action at a later date. (Dkt. No. 3.) Although not expressly conveyed in plaintiff's notice, the undersigned construes plaintiff's notice to withdraw from this action as a notice of voluntary dismissal filed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Because no party has yet filed an answer or motion for summary judgment — nor could they considering that plaintiff's complaint has not yet been screened or served — no court order is required to effectuate a voluntary dismissal without prejudice. However, the court enters this order for the sake of clarity.

Accordingly, it is HEREBY ORDERED that:

1. This action is dismissed without prejudice, and the Clerk of Court is directed to close this case.

2. All pending dates in this action, if any, are vacated.

IT IS SO ORDERED.

DATED: November 23, 2010


Summaries of

Graves v. Clinton

United States District Court, E.D. California
Nov 24, 2010
No. 2:10-cv-03128 JAM KJN PS (E.D. Cal. Nov. 24, 2010)
Case details for

Graves v. Clinton

Case Details

Full title:PETER GRAVES, Plaintiff, v. HILLARY RANDOM CLINTON and JAMES STEINBERG…

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

Date published: Nov 24, 2010

Citations

No. 2:10-cv-03128 JAM KJN PS (E.D. Cal. Nov. 24, 2010)

Citing Cases

Graves v. U.S. Marshall Office

Finally, the court notes that the instant case is simply one of several actions that plaintiff has filed in…

Graves v. UC Davis

Plaintiff can be fairly characterized as a frequent filer of lawsuits in this court. During the period of…