England

Filing 5

ORDER OF DISMISSAL. Signed by Judge James Ware on 12/1/2009. (ecg, COURT STAFF) (Filed on 12/18/2009)

Download PDF
1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California DAVID A. ENGLAND, Plaintiff, vs. JOHN DOE, Defendant. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) No. C 09-05054 JW (PR) ORDER OF DISMISSAL Plaintiff filed a letter with this court which the Court construed as an effort to file a civil rights action. Plaintiff was directed to file a complaint within thirty days. (Docket No. 3.) On November 9, 2009, plaintiff filed a letter with this Court stating that he never intended to file a civil case, and requesting the action be dismissed. (Docket No. 4.) A plaintiff has the absolute right to dismiss his or her action by filing a notice of dismissal "at any time before service by the adverse party of an answer or of a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(i). Said dismissal may be with or without prejudice, but unless plaintiff's notice of dismissal states otherwise, it is deemed to be "without prejudice." See Fed. R. Civ. P. 41(a)(1); Humphreys v. United States, 272 F.2d 411, 412 (9th Cir. 1959). No court order is Order of Dismissal P:\PRO-SE\SJ.JW\CR.09\England05054_vol-dism.wpd 1 2 3 4 5 6 7 8 9 10 required. Plaintiff's notice of dismissal is effective by itself to terminate the action: "[A]n action may be dismissed by the plaintiff without order of the court . . . by filing a notice of dismissal." Fed. R. Civ. P. 41(a)(1); see also Hamilton v. Shearson- Lehman American Exp. Inc., 813 F.2d 1532, 1534-1536 (9th Cir. 1987) (Rule 41(a)(1)(i) does not require leave of court to dismiss the action). Plaintiff's letter, which the court construes as his "Notice of Dismissal," was filed before service by the adverse party of an answer. Therefore, the Court finds that plaintiff has the absolute right to dismiss his action voluntarily. See Fed. R. Civ. P. 41(a)(1)(i). Based on plaintiff's request for voluntary dismissal, this action is DISMISSED without prejudice. See id. 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 DATED: December 18, 2009 JAMES WARE United States District Judge Order of Dismissal P:\PRO-SE\SJ.JW\CR.09\England05054_vol-dism.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DAVID A. ENGLAND, Plaintiff, v. JOHN DOE, Defendant. / Case Number: CV09-05054 JW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 12/18/2009 , I SERVED a true and correct copy(ies) of the That on attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. David A. England B-77911 CSP Solano P. O. Box 4000 Vacaville, CA 95696-4000 Dated: 12/18/2009 /s/ By: Richard W. Wieking, Clerk Elizabeth Garcia, Deputy Clerk

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?