Marks v. San Leandro Police Department et al

Filing 6

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 4/24/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 4/25/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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)
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Plaintiff(s),
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vs.
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SAN LEANDRO POLICE DEP'T, et al., )
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Defendant(s).
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RON L. MARKS, AKO-969,

No. C 13-1237 CRB (PR)
ORDER OF DISMISSAL
(Docket # 2)

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Plaintiff has filed a letter asking to "w/draw my civil lawsuit" which the

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court construes as a notice of voluntary dismissal under Federal Rule of Civil

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Procedure 41(a)(1) and, pursuant thereto, the above-captioned matter is

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DISMISSED without prejudice. See American Soccer Co. v. Score First Enters.,

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187 F.3d 1108, 1110 (9th Cir. 1999) (plaintiff's "absolute right" to dismiss his

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action voluntarily before the defendants serve an answer or a motion for

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summary judgment leaves no role for the court to play).

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The clerk shall close the file and terminate all pending motions as moot.

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SO ORDERED.

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DATED: April 24, 2013

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.13\Marks, R.13-1237.dismissal.wpd