Chiara v. Gratz et al

Filing 8

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 7/30/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/30/2013)

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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(s),

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STEPHEN DUANE CHIARA,

v.
M. GRATZ, Sgt., et al.,
Defendant(s).

No. C 12-6142 CRB (PR)
ORDER OF DISMISSAL
(Docket #6 & 7)

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In response to defendants’ motion for summary judgment, plaintiff has
filed a letter requesting that the court “drop this case.” Docket #7 at 1.
The court construes plaintiff’s letter as a request for voluntary dismissal

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under Federal Rule of Civil Procedure 41(a)(2) and, after due consideration,

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grants the request for dismissal without prejudice. See Hamilton v. Firestone

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Tire & Rubber Co., 679 F.2d 143, 145 (9th Cir. 1982) (when request for

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dismissal is filed after answer or motion for summary judgment, court must

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exercise its discretion to determine whether to allow dismissal and, if so, whether

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the dismissal should be with or without prejudice).

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The clerk is instructed to enter judgment in accordance with this order,

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terminate all pending motions as moot and close the file.

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SO ORDERED.

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DATED: July 30, 2013

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CHARLES R. BREYER
United States District Judge
G:\PRO-SE\CRB\CR.12\Chiara, S.12-6142.vol.dismissal.wpd