Redhead v. Mercy Housing
ORDER OF DISMISSAL by Judge Phyllis J. Hamilton granting 6 Motion to Dismiss; vacating as moot 2 Motion for Leave to Proceed in forma pauperis; and vacating 5 Judicial Referral. (pjhlc2, COURT STAFF) (Filed on 6/23/2016)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
RON STEPHEN REDHEAD,
United States District Court
Northern District of California
Case No. 16-cv-03254-PJH
ORDER OF DISMISSAL
Re: Dkt. Nos. 2, 5, 6
On June 21, 2016, pro se plaintiff Ron Stephen Redhead made a “motion to
dismiss without prejudice.” Dkt. 6. Although basis of the motion is not entirely clear, the
court construes the filing as a request to dismiss the case pursuant to Federal Rule of
Civil Procedure 41(a)(1)(A)(i). Dismissal without prejudice is proper as the defendant has
not yet answered the complaint. Fed. R. Civ. P. 41(a)(1)(A)(i).
Accordingly, the case is DISMISSED, without prejudice. Plaintiff’s motion to
proceed in forma pauperis is VACATED as moot. The court’s prior order referring this
case to Judge Gonzalez Rogers is VACATED.
IT IS SO ORDERED.
Dated: June 23, 2016
PHYLLIS J. HAMILTON
United States District Judge
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