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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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 8 Plaintiff, NOTICE TO CLERK TO CLOSE THE FILE v. 9 BOBBIE DAVIS and WILLIAM COLEY, 10 Defendants. / 11 For the Northern District of California United States District Court No. C 12-06070 WHA JEFFREY SYKES, 12 On November 30, 2012, defendant Bobbie Davis filed a notice of removal of an action in 13 the Alameda County Superior Court on the basis that she was acting within the scope of her 14 employment with the Department of Veteran Affairs with reference to the allegations in 15 plaintiff’s complaint. Defendant, who is represented by attorneys from the United States 16 government, filed a motion to substitute the United States as defendant and to dismiss. Pro se 17 plaintiff Jeffrey Sykes has not responded to the motion or to this Court’s order to show cause, 18 dated January 8, 2013. Documents mailed by the Clerk of the Court to plaintiff’s address were 19 returned as undeliverable (Dkt. No. 17). 20 On January 17, 2013, defendant filed a motion for administrative relief stating that the 21 plaintiff had filed a request for dismissal without prejudice in the Alameda County Superior 22 Court on November 13, 2012, which was “entered as requested” on that date and prior to the 23 removal of this action to federal court by defendant. The removal was therefore ineffective. The 24 Clerk is directed to CLOSE THE FILE. 25 26 27 28 IT IS SO ORDERED. Dated: January 22, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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