Shotwell v. Brandt et al

Filing 61

ORDER OF DISMISSAL AND TERMINATING ALL PENDING MOTIONS. Signed by Judge Claudia Wilken on 1/24/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/24/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MANUEL E. SHOTWELL,
Plaintiff,

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v.

Case No.: C 10-5232 CW (PR)
ORDER OF DISMISSAL AND
TERMINATING ALL PENDING MOTIONS

S. BRANDT, et al.,

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Defendants.

United States District Court
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 January 23, 2013, this action is DISMISSED.

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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.

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Inc., 813 F.2d 1532, 1534-1536 (9th Cir. 1987) (Rule

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41(a)(1)(A)(i) does not require leave of court to dismiss the

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action).

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P. 41(a)(1)(B) (unless plaintiff's notice of dismissal states

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otherwise, it is deemed to be "without prejudice"); Humphreys v.

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The dismissal is without prejudice.

See Fed. R. Civ.

United States, 272 F.2d 411, 412 (9th Cir. 1959).
The Clerk of the Court shall close the file and terminate

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all pending motions.
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IT IS SO ORDERED.

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Dated: 1/24/2013

____________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE