Bolter v. Jacques et al
Filing
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ORDER DIRECTING CLERK OF COURT TO TERMINATE ACTION. Signed by Judge Claudia Wilken on 4/12/2011. (ndr, COURT STAFF) (Filed on 4/12/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 09-04587 CW (PR)
DUKE BOLTER,
ORDER DIRECTING CLERK OF COURT
TO TERMINATE ACTION
Plaintiff,
v.
WARDEN FRANCISCO JACQUES, et al.,
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Defendants.
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United States District Court
For the Northern District of California
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Pursuant to the notice of voluntary dismissal of this action
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filed by Plaintiff on April 4, 2011, this action is terminated.
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See Fed. R. Civ. P. 41(a)(1)(A)(i) ("[A]n action may be dismissed
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by the plaintiff without order of the court . . . by filing a
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notice of dismissal."); Hamilton v. Shearson-Lehman Am. Exp. Inc.,
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813 F.2d 1532, 1534-1536 (9th Cir. 1987) (Rule 41(a)(1)(A)(i) does
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not require leave of court to dismiss the action).
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is without prejudice.
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plaintiff's notice of dismissal states otherwise, it is deemed to
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be "without prejudice"); Humphreys v. United States, 272 F.2d 411,
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412 (9th Cir. 1959).
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The dismissal
See Fed. R. Civ. P. 41(a)(1)(B) (unless
The Clerk of the Court shall close the file.
All pending
motions are terminated.
IT IS SO ORDERED.
Dated:
4/12/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
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DUKE BOLTER,
Case Number: CV09-04587 CW
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Plaintiff,
CERTIFICATE OF SERVICE
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v.
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FRANCISCO JACQUES et al,
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Defendant.
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United States District Court
For the Northern District of California
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/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on April 12, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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Duke Bolter E-13662
Pelican Bay State Prison
P.O. Box 7500
D-2 #108
Crescent City, CA 95532
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Dated: April 12, 2011
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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk
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