Martin v. Sepulveda et al
ORDER OF DISMISSAL (Illston, Susan) (Filed on 2/3/2012) (Additional attachment(s) added on 2/3/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
DERRICK D. MARTIN,
No. C 11-2942 SI (PR)
ORDER OF DISMISSAL
M. SEPULVEDA, et al.,
United States District Court
For the Northern District of California
This is a federal civil rights action filed by a pro se state prisoner pursuant to 42 U.S.C.
§ 1983. Pursuant to plaintiff’s motion of voluntary dismissal (Docket No. 14), this action is
dismissed. See Fed. R. Civ. P. 41(a)(1) (“[A]n action may be dismissed by the plaintiff without
order of the court . . . by filing a notice of dismissal.”); Hamilton v. Shearson-Lehman American
Exp. Inc., 813 F.2d 1532, 1534–1536 (9th Cir. 1987) (Rule 41(a)(1)(I) does not require leave of
court to dismiss the action). The dismissal is without prejudice. See Fed. R. Civ. P. 41(a)(1).
Defendants’ motion to dismiss (Docket No. 10) is DENIED as moot. The Clerk shall enter
judgment in favor of defendants, terminate Docket No. 10, and close the file.
IT IS SO ORDERED.
DATED: February 3, 2012
United States District Judge
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