Shek v. Children Hospital & Research Center at Oakland
ORDER OF DISMISSAL. Signed by Judge Phyllis J. Hamilton on 9/9/2011. (hlk, COURT STAFF) (Filed on 9/9/2011) (Additional attachment(s) added on 9/9/2011: # 1 Certificate/Proof of Service) (nah, COURT STAFF).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ORDER OF DISMISSAL
CHILDREN’S HOSPITAL & RESEARCH
CENTER AT OAKLAND,
For the Northern District of California
United States District Court
No. C 11-1968 PJH
Before the court is defendant’s motion to dismiss plaintiff’s complaint, noticed for
hearing on September 21, 2011. Plaintiff’s responsive brief, to the extent it is
comprehensible, reads like an opposition to the motion to dismiss, but is entitled “Plaintiff’s
motion to dismiss without prejudice, change of venue after failed attempt for requesting
recusal of Judge Phyllis J. Hamilton for bias.” In the body of the brief, plaintiff requests the
court to dismiss the case without prejudice for change of venue. While it is not clear what
plaintiff intends by the use of the words “for change of venue,” the law is clear that plaintiff
has a right to dismiss his own case without a court order before an answer or motion for
summary judgment is filed pursuant to Fed. R. Civ. P. 41(a)(1). Accordingly, as neither an
answer nor motion for summary judgment has been filed, and given that plaintiff could have
simply filed a notice of voluntary dismissal, the court GRANTS plaintiff’s request and
DISMISSES this case without prejudice. The clerk shall close the file.
IT IS SO ORDERED.
Dated: September 9, 2011
PHYLLIS J. HAMILTON
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?