Redhead v. Mercy Housing

Filing 7

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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RON STEPHEN REDHEAD, 9 10 United States District Court Northern District of California 11 Case No. 16-cv-03254-PJH Plaintiff, 8 v. ORDER OF DISMISSAL Re: Dkt. Nos. 2, 5, 6 MERCY HOUSING, Defendant. 12 13 14 On June 21, 2016, pro se plaintiff Ron Stephen Redhead made a “motion to 15 dismiss without prejudice.” Dkt. 6. Although basis of the motion is not entirely clear, the 16 court construes the filing as a request to dismiss the case pursuant to Federal Rule of 17 Civil Procedure 41(a)(1)(A)(i). Dismissal without prejudice is proper as the defendant has 18 not yet answered the complaint. Fed. R. Civ. P. 41(a)(1)(A)(i). 19 Accordingly, the case is DISMISSED, without prejudice. Plaintiff’s motion to 20 proceed in forma pauperis is VACATED as moot. The court’s prior order referring this 21 case to Judge Gonzalez Rogers is VACATED. 22 23 IT IS SO ORDERED. Dated: June 23, 2016 24 25 26 27 28 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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