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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MANUEL E. SHOTWELL, Plaintiff, 5 6 7 v. Case No.: C 10-5232 CW (PR) ORDER OF DISMISSAL AND TERMINATING ALL PENDING MOTIONS S. BRANDT, et al., 8 Defendants. United States District Court Northern District of California 9 10 11 Pursuant to the notice of voluntary dismissal of this action 12 filed by Plaintiff on January 23, 2013, this action is DISMISSED. 13 See Fed. R. Civ. P. 41(a)(1)(A)(i) ("[A]n action may be dismissed 14 by the plaintiff without order of the court . . . by filing a 15 notice of dismissal."); Hamilton v. Shearson-Lehman Am. Exp. 16 Inc., 813 F.2d 1532, 1534-1536 (9th Cir. 1987) (Rule 17 41(a)(1)(A)(i) does not require leave of court to dismiss the 18 action). 19 P. 41(a)(1)(B) (unless plaintiff's notice of dismissal states 20 otherwise, it is deemed to be "without prejudice"); Humphreys v. 21 22 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 23 all pending motions. 24 IT IS SO ORDERED. 25 26 27 28 Dated: 1/24/2013 ____________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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