Sykes v. Davis et al

Filing 19

NOTICE TO CLERK TO CLOSE THE FILE (whalc2, COURT STAFF) (Filed on 1/22/2013) (Additional attachment(s) added on 1/22/2013: # 1 Certificate/Proof of Service) (dt, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
NOTICE TO CLERK TO CLOSE THE FILE

v.

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BOBBIE DAVIS and WILLIAM COLEY,

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Defendants.
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For the Northern District of California

United States District Court

No. C 12-06070 WHA

JEFFREY SYKES,

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On November 30, 2012, defendant Bobbie Davis filed a notice of removal of an action in

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the Alameda County Superior Court on the basis that she was acting within the scope of her

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employment with the Department of Veteran Affairs with reference to the allegations in

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plaintiff’s complaint. Defendant, who is represented by attorneys from the United States

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government, filed a motion to substitute the United States as defendant and to dismiss. Pro se

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plaintiff Jeffrey Sykes has not responded to the motion or to this Court’s order to show cause,

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dated January 8, 2013. Documents mailed by the Clerk of the Court to plaintiff’s address were

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returned as undeliverable (Dkt. No. 17).

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On January 17, 2013, defendant filed a motion for administrative relief stating that the

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plaintiff had filed a request for dismissal without prejudice in the Alameda County Superior

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Court on November 13, 2012, which was “entered as requested” on that date and prior to the

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removal of this action to federal court by defendant. The removal was therefore ineffective. The

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Clerk is directed to CLOSE THE FILE.

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IT IS SO ORDERED.
Dated: January 22, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE