Castro et al v. Bowman et al

Filing 44

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 2/11/2013. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/11/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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LUIS CASTRO,

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No. C 11-02080 YGR (PR)
ORDER DIRECTING CLERK OF
COURT TO TERMINATE ACTION

Plaintiff,

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vs.
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MATTHEW CATE, et al.,
Defendants.

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Pursuant to the notice of voluntary dismissal of this action filed by Plaintiff on January 24,
2013, 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. ShearsonLehman 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. This Order terminates Docket no. 43.
IT IS SO ORDERED.
DATED:

February 11, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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