A.C. v. City of Santa Clara et al

Filing 130

ORDER by Judge Haywood S. Gilliam, Jr. RE: 127 REQUEST FOR VOLUNTARY DISMISSAL (ndrS, COURT STAFF) (Filed on 9/28/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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A.C.,

Case No. 13-cv-03276-HSG
Plaintiff,

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ORDER RE: REQUEST FOR
VOLUNTARY DISMISSAL

v.
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CITY OF SANTA CLARA, et al.,

Re: Dkt. No. 127

Defendants.

United States District Court
Northern District of California

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The Court has reviewed Plaintiff’s request to voluntarily dismiss his § 1983 claim against

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Defendant Nathan Crescini (Dkt. No. 127), as well as Defendants’ objections (Dkt. Nos. 126,

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128). The Court lacks jurisdiction to grant the requested dismissal due to Defendant Crescini’s

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pending docketed appeal. While it is difficult to imagine that the appeal will go forward

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notwithstanding Plaintiff’s offer to dismiss the § 1983 claim with prejudice, Federal Rule of

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Appellate Procedure 42 governs the disposition of this issue.

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IT IS SO ORDERED.
Dated: 9/28/2015
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge