Miramontes v. Del Cruz et al

Filing 4

ORDER of DISMISSAL, request in forma pauperis is granted. Signed by Judge Charles R. Breyer on 2/04/09. (Attachments: # 1 Certificate of Service)(be, COURT STAFF) (Filed on 2/4/2009)

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G:\PRO-SE\CRB\CR.09\Miramontes, R1.dismissal.wpd

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

RODOLFO R. MIRAMONTES, Plaintiff(s), v. HERBIE DEL CRUZ, et al., Defendant(s).

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No. C 09-0325 CRB (PR) ORDER OF DISMISSAL

Plaintiff has filed a letter which the court construes as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1) and, pursuant thereto, the above-captioned matter is DISMISSED without prejudice. See American Soccer Co. v. Score First Enters., 187 F.3d 1108, 1110 (9th Cir. 1999) (plaintiff's "absolute right" to dismiss his action voluntarily before defendants serve answer or motion for summary judgment leaves no role for court to play). Based solely on plaintiff's affidavit of poverty in accompanying case C 085639 CRB, his request to proceed in forma pauperis is granted. The clerk shall enter judgment in accordance with this order and close the file. An order in case C 08-5639 will issue shortly. SO ORDERED. DATED: Feb. 04, 2009 CHARLES R. BREYER United States District Judge