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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RON STEPHEN REDHEAD,

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United States District Court
Northern District of California

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Case No. 16-cv-03254-PJH

Plaintiff,

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v.

ORDER OF DISMISSAL
Re: Dkt. Nos. 2, 5, 6

MERCY HOUSING,
Defendant.

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On June 21, 2016, pro se plaintiff Ron Stephen Redhead made a “motion to

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dismiss without prejudice.” Dkt. 6. Although basis of the motion is not entirely clear, the

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court construes the filing as a request to dismiss the case pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(A)(i). Dismissal without prejudice is proper as the defendant has

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not yet answered the complaint. Fed. R. Civ. P. 41(a)(1)(A)(i).

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Accordingly, the case is DISMISSED, without prejudice. Plaintiff’s motion to

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proceed in forma pauperis is VACATED as moot. The court’s prior order referring this

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case to Judge Gonzalez Rogers is VACATED.

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IT IS SO ORDERED.
Dated: June 23, 2016

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__________________________________
PHYLLIS J. HAMILTON
United States District Judge