Ryan v. Pallito et al
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|Date Filed||#||Document Text|
|October 27, 2009
ORDER AFFIRMING, APROVING and ADOPTING 8 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION: The plaintiff's 6 Motion to to Dismiss without prejudice is construed as a voluntary notice of dismissal pursuant to Rule 41(a)(1)(A)(i) of the Feder al Rules of Civil Procedure, and the case is DISMISSED without prejudice. Plaintiff's 7 Motion to Rescind Order for Filing Fee is DENIED.It is further certified that any appeal taken in forma pauperis from this Orderwould not be taken in good faith because such an appeal would be frivolous. See 28 U.S.C. § 1915(a)(3). Signed by Judge J. Garvan Murtha on 10/27/2009. (kak)
|October 6, 2009
REPORT AND RECOMMENDATION: recommending 6 MOTION to Dismiss without Prejudice be GRANTED. ORDERED: 7 MOTION to Rescind Order for Filing Fee re 4 Order Directing Prisoner Payment is DENIED. Objections to R&R due by 10/26/2009. Signed by Judge John M. Conroy on 10/6/2009. (law)
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