1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IGNACIO SALCIDO, No. 1:23-cv-01606-NODJ-SAB (PC) 12 Plaintiff, ORDER TERMINATING ACTION PURSUANT TO PLAINTIFF’S NOTICE OF 13 v. VOLUNTARY DISMISSAL 14 MOON, et al., (ECF No. 16)

15 Defendants.

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17 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to Bivens 18 v. Six Unknown Agents,

(1971). 19 The instant action was filed on November 15, 2023. (ECF No. 1.) On December 28, 20 2023, Plaintiff filed a motion for a preliminary injunction. (ECF No. 8.) On January 2, 2024, 21 Findings and Recommendations were issued to deny Plaintiff’s motion for a preliminary 22 injunction. (ECF No. 9.) On January 25, 2024, Plaintiff filed objections to the Findings and 23 Recommendations and a separate notice of appeal. (ECF Nos. 10, 11.) 24 On September 25, 2023, Plaintiff filed a civil rights action in this Court which was 25 assigned case number 1:23-cv-01395-JLT-SAB (PC), Salido v. Bureau of Prisons. In that case, 26 on November 8, 2023, the Court screened the complaint, found no cognizable claim, and granted 27 Plaintiff thirty days to file an amended complaint. (ECF No. 10.) After Plaintiff failed to respond 28 1 || to the Court’s order, an order to show cause why the action should not be dismissed was issued on 2 || December 19, 2023. (ECF No. 11.) Plaintiff failed to respond to the order to show cause, and 3 || Findings and Recommendations recommending dismissal of the action were issued on January 4 | 26, 2024. (ECF No. 12.) On February 7, 2024, Plaintiff filed objections to the Findings and 5 || Recommendations. (ECF No. 13.) In his objections, Plaintiff stated that he submitted an 6 || amended complaint on or about November 15, 2023, which was assigned and opened as a new 7 || case in case number 1:23-cv-01395-JLT-SAB (PC), Salido v. Bureau of Prisons. (Id. at 1.) 8 || Indeed, a review of the complaint filed in case number 1:23-cv-01395-JLT-SAB (PC), Salido v. 9 | Bureau of Prisons, reflects that the complaint was submitted as an amended complaint and should 10 || have been filed in this case and not opened as a new civil rights action. (ECF No. 1.) □□□□□□□□□□□ 11 || objections filed in case number 1:23-cv-01395-JLT-SAB (PC), Salido v. Bureau of Prisons made 12 | clear that this action was improvidently opened as Plaintiff's amended complaint filed on 13 || November 15, 2023 was intended to be filed as an amended complaint in 1:23-cv-01395-JLT- 14 | SAB (PC). Therefore, the Court directed the Clerk of the Court to file the November 15, 2023 15 || amended complaint in plaintiff's earlier action, 1:23-cv-01395-JLT-SAB (PC), and noted the 16 || instant action would be terminated as improvidently opened after the appeal is resolved. 17 On February 19, 2024, Plaintiff filed a motion to dismiss the instant action. (ECF No. 18 | 16.) On March 1, 2024, Plaintiffs appeal was dismissed for lack of jurisdiction. (ECF No. 15.) 19 Accordingly, because this action was improvidently opened and Plaintiff seeks to 20 || voluntary dismiss the action, it is HEREBY ORDERED that the instant action is terminated by 21 | operation of law pursuant to Rule 41(a)(1)(A)Q). 22 73 IT IS SO ORDERED. F- 2 ee 44 | Dated: _ March 5, 2024

35 UNITED STATES MAGISTRATE JUDGE

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