Wells v. CDCR, 2:18-cv-0970 WBS KJN P. (2018)
Court: District Court, E.D. California
Number: infdco20180720780
Visitors: 12
Filed: Jul. 19, 2018
Latest Update: Jul. 19, 2018
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding in forma pauperis and without counsel. On June 8, 2018, plaintiff's complaint challenging his transfer to general population while housed at California State Prison, Sacramento, was dismissed. (ECF No. 15.) Plaintiff was granted leave to file an amended complaint and cautioned that under 42 U.S.C. 1997e(a), he is required to exhaust his administrative remedies prior to filing a complaint in federal cour
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding in forma pauperis and without counsel. On June 8, 2018, plaintiff's complaint challenging his transfer to general population while housed at California State Prison, Sacramento, was dismissed. (ECF No. 15.) Plaintiff was granted leave to file an amended complaint and cautioned that under 42 U.S.C. 1997e(a), he is required to exhaust his administrative remedies prior to filing a complaint in federal court..
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ORDER
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner, proceeding in forma pauperis and without counsel. On June 8, 2018, plaintiff's complaint challenging his transfer to general population while housed at California State Prison, Sacramento, was dismissed. (ECF No. 15.) Plaintiff was granted leave to file an amended complaint and cautioned that under 42 U.S.C. § 1997e(a), he is required to exhaust his administrative remedies prior to filing a complaint in federal court. Plaintiff was transferred to Salinas Valley State Prison in Soledad after he filed the instant complaint.
On July 2, 2018, plaintiff filed a motion to voluntarily dismiss this case in a filing styled "Notice of Withdrawal." (ECF No. 18.) Plaintiff states he "withdraws this action due to his inability and mental health." (Id.) In a prior filing, plaintiff noted he had just spent ten days in a mental health crisis bed. (ECF No. 14 at 1.) Good cause appearing, plaintiff's request is granted. Dismissal is without prejudice should plaintiff wish to pursue his claims after exhausting his administrative remedies.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion (ECF No. 18) is granted; and
2. This action is dismissed without prejudice. Fed. R. Civ. P. 41(a).
Source: Leagle
