Evans v. Cate et al

Filing 8

ORDER OF DISMISSAL; VACATING ORDER OF SERVICE. Signed by Judge Richard Seeborg on 12/29/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 12/29/2011)

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*E-Filed 12/29/11*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PHILLIP T. EVANS,
Plaintiff,

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United States District Court
For the Northern District of California

No. C 11-4432 RS (PR)
ORDER OF DISMISSAL;

v.

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VACATING ORDER OF SERVICE

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MATTHEW CATE, et al.,

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Defendants.
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This is a federal civil rights action filed by a pro se state prisoner pursuant to 42

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U.S.C. § 1983. Pursuant to petitioner’s motion of voluntary dismissal (Docket No. 6), this

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action is dismissed. See Fed. R. Civ. P. 41(a)(1) (“[A]n action may be dismissed by the

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plaintiff without order of the court . . . by filing a notice of dismissal.”); Hamilton v.

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Shearson-Lehman American Exp. Inc., 813 F.2d 1532, 1534–1536 (9th Cir. 1987) (Rule

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41(a)(1)(I) does not require leave of court to dismiss the action). The dismissal is without

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prejudice. See Fed. R. Civ. P. 41(a)(1). The order of service (Docket No. 5) is VACATED.

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The Clerk shall terminate Docket No. 6, enter judgment in favor of defendants, and close the

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file.

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IT IS SO ORDERED.

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DATED: December 29, 2011

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RICHARD SEEBORG
United States District Judge
No. C 11-04432 RS (PR)
ORDER OF DISMISSAL