September 27, 2013
JASON SANDERS, No. B38349, Plaintiff,
TIMOTHY R. VEATH, and MINH T. SCOTT, Defendants.
MEMORANDUM AND ORDER
MICHAEL J. REAGAN, District Judge.
Plaintiff Jason Sanders initiated a civil rights action on September 12, 2013, Sanders v. McCammack, Case No. 13-cv-00832-MJR. By Order dated September 12, 2013, one of Plaintiff's three claims was severed and this case was opened premised upon that severed claim. Plaintiff was given until October 11, 2013, to opt out of the newly severed case without incurring a filing fee. Plaintiff wasted no time, on September 12, 2013, he filed a motion to dismiss this case (Doc. 6).
IT IS HEREBY ORDERED that Plaintiff's motion to voluntarily dismiss this action against Defendants Veath and Scott (Doc. 6) is GRANTED. This action and all claims against Defendants Timothy R. Veath and Mihn T. Scott are DISMISSED without prejudice. No strike shall be imposed under 28 U.S.C. § 1915(g), and no filing fee shall be assessed. The Clerk of Court shall close this case and enter judgment accordingly. Plaintiff's motion for leave to proceed in forma pauperis (Doc. 3) is DENIED AS MOOT.