Ashley v. Pliler

Filing 10

ORDER DIRECTING CLERK OF COURT TO TERMINATE ACTION. Signed by Judge Claudia Wilken on 4/15/2011. (ndr, COURT STAFF) (Filed on 4/15/2011)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 9 United States District Court For the Northern District of California 10 ORDER DIRECTING CLERK OF COURT TO TERMINATE ACTION Petitioner, 7 8 No. C 11-01192 CW (PR) AARON ASHLEY, v. CHERYL PLILER, Warden, Respondent. / 11 12 Pursuant to the notice of voluntary dismissal of this action 13 filed by Petitioner on April 11, 2011, this action is terminated. 14 See Fed. R. Civ. P. 41(a)(1); Hamilton v. Shearson-Lehman American 15 Exp. Inc., 813 F.2d 1532, 1534-1536 (9th Cir. 1987) (Rule 16 41(a)(1)(I) does not require leave of court to dismiss the action). 17 The dismissal is without prejudice. 18 (unless the notice of dismissal states otherwise, it is deemed to 19 be "without prejudice"); Humphreys v. United States, 272 F.2d 411, 20 412 (9th Cir. 1959). 21 22 23 24 25 26 27 28 See Fed. R. Civ. P. 41(a)(1) The Clerk of the Court shall enter judgment, terminate all pending motions and close the file. IT IS SO ORDERED. Dated: 4/15/2011 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 AARON ASHLEY, Case Number: CV11-01192 CW 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 HERYL PLILER et al, 7 Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / 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 15, 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. 13 14 17 Aaron Ashley AA3143 B-1-223 CSP-Sacramento P.O. Box 290066 Represa, CA 95671-0066 18 Dated: April 15, 2011 15 16 19 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 20 21 22 23 24 25 26 27 28 2

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