Gardias v. The California State University, San Jose State University

Filing 27

ORDER Re Plaintiff's May 1, 2009 Notice. Signed by Magistrate Judge Howard R. Lloyd on 5/6/2009. (hrllc2, COURT STAFF) (Filed on 5/6/2009)

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1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PIOTR J. GARDIAS, v. Plaintiff, No. C08-05498 HRL ORDER RE PLAINTIFF'S MAY 1, 2009 NOTICE *E-FILED 5/6/2009* United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE CALIFORNIA STATE UNIVERSITY, SAN JOSE STATE UNIVERSITY, Defendant. / The court has received a document filed by plaintiff on May 1, 2009 in which he "asks Clerk to remove plaintiff's complaint Case No. C08-05498 HRL." (Docket No. 25). Although it is not crystal clear what plaintiff intends, it appears that this document is meant to be a notice of voluntary dismissal. He is within his rights to do so. See Fed.R.Civ.P. 41(a)(1). This court believes that plaintiff would like to voluntarily dismiss this lawsuit without prejudice i.e., the matter will be over, all scheduled appearances and hearings will be vacated, the court's file will be closed, and the case will be terminated. However, if this is not what plaintiff intends, then no later than June 5, 2009, he shall so advise this court in writing (with a copy served on defendant). If the court does not hear from plaintiff by the June 5, 2009 deadline, it will (a) assume that plaintiff's silence means that he intends to have this case dismissed and (b) direct the Clerk of the Court to terminate this 1 2 3 4 5 6 7 8 9 10 lawsuit and close the file. SO ORDERED. Dated: May 6, 2009 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 5:08-cv-5498 Notice electronically mailed to: Mary Susan Cain-Simon Mary.CainSimon@doj.ca.gov, Leticia.MartinezCarter@doj.ca.gov Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. 5:08-cv-5498 Notice mailed to: Piotr J. Gardias 72 Floyd St. San Jose, CA 95110 United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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