Garcia v. Aytes et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Alsup on September 17, 2009. (whalc2, COURT STAFF) (Filed on 9/17/2009)

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Robert B. Jobe (Cal. State Bar #133089) LAW OFFICE OF ROBERT B. JOBE 550 Kearny Street, Ste. 200 San Francisco, CA 94108 Tel: [phone] Fax: [phone] Email: [e-mail] Attorney for Plaintiff.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

PEDRO MINJARES GARCIA,

) ) ) Plaintiff, ) ) ) v. ) ) ) MICHAEL AYTES ET AL., ) ) ) Defendants. ) ____________________________________)

No.

CV 09-3573 WHA

PLAINTIFF'SMOTION FOR VOLUNTARY DISMISSAL; [PROPOSED] ORDER

Pursuant to Federal Rule of Civil Procedure 41, Plaintiff, Pedro Minjares Garcia, through counsel, requests that his complaint for relief under the Administrative Procedure Act, currently pending before the Court, be dismissed without prejudice. Because Defendants have accepted his application for asylum, Mr. Minjares is no longer alleging that the Defendants are refusing to accept his application. WHEREFORE, Plaintiff prays that this Court allow him to voluntarily dismiss his complaint, without prejudice.

Motion for Voluntary Dismissal and [Proposed] Order No. CV 09-3573 WHA

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DATED:

September 11, 2009

/s/ ____________________________ Robert B. Jobe LAW OFFICE OF ROBERT JOBE 550 Kearny Street, Ste. 200 San Francisco, CA 94108 [phone] Attorney for Plaintiff

[PROPOSED] ORDER IT IS HEREBY ORDERED that Plaintiff's motion for dismissal of the action without prejudice be granted.

DATED: September 17, 2009

WILLIAM H. ALSUP UNITED STATES DISTRICTD DERE JUDGE

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