Goodlow v. Tucker et al

Filing 8

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 4/29/2010. (Attachments: # 1 Certificate of Service)(be, COURT STAFF) (Filed on 4/30/2010)

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G:\PRO-SE\CRB\CR.09\Goodlow, K2.dismissal.wpd

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

KENNETH W. GOODLOW, Plaintiff(s), vs. C. TUCKER, et al., Defendant(s).

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No. C 09-5786 CRB (PR) ORDER OF DISMISSAL

Plaintiff has filed a "Petition to Withdraw Action Under 42 U.S.C. § 1983." Plaintiff's petition is construed as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1) and, pursuant thereto, the abovecaptioned 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 the defendants serve an answer or a motion for summary judgment leaves no role for the court to play). The clerk shall close the file and terminate all pending motions as moot. SO ORDERED. DATED: April 29, 2010 CHARLES R. BREYER United States District Judge