Sykes v. Davis et al
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).
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
NOTICE TO CLERK TO CLOSE THE FILE
BOBBIE DAVIS and WILLIAM COLEY,
For the Northern District of California
United States District Court
No. C 12-06070 WHA
On November 30, 2012, defendant Bobbie Davis filed a notice of removal of an action in
the Alameda County Superior Court on the basis that she was acting within the scope of her
employment with the Department of Veteran Affairs with reference to the allegations in
plaintiff’s complaint. Defendant, who is represented by attorneys from the United States
government, filed a motion to substitute the United States as defendant and to dismiss. Pro se
plaintiff Jeffrey Sykes has not responded to the motion or to this Court’s order to show cause,
dated January 8, 2013. Documents mailed by the Clerk of the Court to plaintiff’s address were
returned as undeliverable (Dkt. No. 17).
On January 17, 2013, defendant filed a motion for administrative relief stating that the
plaintiff had filed a request for dismissal without prejudice in the Alameda County Superior
Court on November 13, 2012, which was “entered as requested” on that date and prior to the
removal of this action to federal court by defendant. The removal was therefore ineffective. The
Clerk is directed to CLOSE THE FILE.
IT IS SO ORDERED.
Dated: January 22, 2013.
UNITED STATES DISTRICT JUDGE
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