Martin v. Sepulveda et al

Filing 15

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).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 DERRICK D. MARTIN, Plaintiff, 12 13 14 15 No. C 11-2942 SI (PR) ORDER OF DISMISSAL v. M. SEPULVEDA, et al., Defendants. / United States District Court For the Northern District of California 16 17 This is a federal civil rights action filed by a pro se state prisoner pursuant to 42 U.S.C. 18 § 1983. Pursuant to plaintiff’s motion of voluntary dismissal (Docket No. 14), this action is 19 dismissed. See Fed. R. Civ. P. 41(a)(1) (“[A]n action may be dismissed by the plaintiff without 20 order of the court . . . by filing a notice of dismissal.”); Hamilton v. Shearson-Lehman American 21 Exp. Inc., 813 F.2d 1532, 1534–1536 (9th Cir. 1987) (Rule 41(a)(1)(I) does not require leave of 22 court to dismiss the action). The dismissal is without prejudice. See Fed. R. Civ. P. 41(a)(1). 23 Defendants’ motion to dismiss (Docket No. 10) is DENIED as moot. The Clerk shall enter 24 judgment in favor of defendants, terminate Docket No. 10, and close the file. 25 26 27 28 IT IS SO ORDERED. DATED: February 3, 2012 SUSAN ILLSTON United States District Judge

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