Gibson v. Schwarzenegger et al

Filing 4

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 5/10/10. (lrc, COURT STAFF) (Filed on 5/12/2010)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.10\Gibson1677.VOLdismiss.wpd Pursuant to the notice of voluntary dismissal of this action filed by Plaintiff on April 29, 2010, this action is terminated. See Fed. R. Civ. P. 41(a)(1)(A)(i) ("[A]n action may be dismissed by the plaintiff without order of the court . . . by filing a notice of dismissal."); Hamilton v. Shearson-Lehman Am. Exp. Inc., 813 F.2d 1532, 1534-1536 (9th Cir. 1987) (Rule 41(a)(1)(A)(i) does not require leave of court to dismiss the action). The dismissal is without prejudice. See Fed. R. Civ. P. 41(a)(1)(B) (unless plaintiff's notice of dismissal states otherwise, it is deemed to be "without prejudice"); Humphreys v. United States, 272 F.2d 411, 412 (9th Cir. 1959). The Clerk of the Court shall close the file. Plaintiff's in forma pauperis application is GRANTED. This Order terminates Docket no. 3. IT IS SO ORDERED. DATED: 5/10/10 SAUNDRA BROWN ARMSTRONG United States District Judge v. ARNOLD SCHWARZENEGGER, et al., Defendants. / ROBERT D. GIBSON, Plaintiff, No. C 10-01677 SBA (PR) ORDER DIRECTING CLERK OF COURT TO TERMINATE ACTION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROBERT D. GIBSON, Plaintiff, v. ARNOLD SCHWARZENEGGER et al, Defendant. / Case Number: CV10-01677 SBA CERTIFICATE OF SERVICE 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 May 12, 2010, 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. Robert D. Gibson E-09929 Salinas Valley State Prison P.O. Box 1050 Soledad, CA 93960 Dated: May 12, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk G:\PRO-SE\SBA\CR.10\Gibson1677.VOLdismiss.wpd 2

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