Henry v. State of Alaska Department of Revenue Child Support Services Division et al

Filing 50

ORDER RE: PLAINTIFFS REQUEST FOR DISMISSAL (Dkt. No. 48). Signed by Magistrate Judge Jacqueline Scott Corley on 5/3/2012. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 5/3/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RONALD HENRY,

Northern District of California

United States District Court

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Plaintiff,
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Case No.: 11-3255 (JSC)
ORDER RE: PLAINTIFF’S REQUEST
FOR DISMISSAL (Dkt. No. 48)

v.

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STATE OF ALASKA DEPARTMENT OF
REVENUE CHILD SUPPORT
SERVICES DIVISION, et al.,
Defendants.

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The Court is in receipt of a communication from Plaintiff dated May 2, 2012 that states

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Plaintiff will not appear at the May 3, 2012 hearing and requests dismissal of this action. (Dkt.

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No. 48.) Plaintiff notes that due to a state court case resolved in Plaintiff’s favor on April 23,

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2012, “the action Plaintiff has brought in this court can no longer proceed as the underlying

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causes of action alleged by Plaintiff are now moot by the vacation of those state court orders.”

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(Dkt. No. 48 at 3.) Due to the late hour of Plaintiff’s notice, Defendant appeared at the May 3,

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2012 hearing without knowledge of this state court case that, according to Plaintiff, “ordered

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the release of Plaintiff’s commercial driver license” and rendered this federal action moot.

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(Dkt. No. 48 at 2.) Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint (Dkt. No.

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39) is under submission, and Defendant should file its response to Plaintiff’s communication

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on or before May 17, 2012.

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IT IS SO ORDERED.

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Dated: May 3, 2012

_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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