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Hamilton v. Frakes

United States District Court, Ninth Circuit

December 27, 2013

JIMI JAMES HAMILTON, Plaintiff,
v.
SCOTT FRAKES et al., Defendant.

ORDER DECLINING ADOPTION OF REPORT AND RECOMMENDATION

ROBERT J. BRYAN, District Judge.

The Magistrate Judge recommends that Plaintiff's motion for voluntary dismissal of this 42 U.S.C. ยง 1983 civil rights action be granted. Dkt. 33. The Plaintiff has filed an objection/motion to rescind earlier motion for voluntary withdrawal. Dkt. 34.

The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, objection to the Report and Recommendation, and the remaining record, does hereby find and ORDER:

1. The Court declines adoption of the Report and Recommendation (Dkt. 33);
2. Plaintiff's Motion to Rescind motion for voluntary withdrawal of complaint (Dkt. 34) is GRANTED.
3. The matter is RE-REFERRED to the Magistrate Judge for further proceedings.

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