DeRossett v. Correctional Training Facility

Filing 13

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 4/11/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 4/11/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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CORRECTIONAL TRAINING FACILITY, )
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Defendant.
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LARRY JAMES DEROSSETT, JR.,

No. C 10-4886 LHK (PR)
ORDER OF DISMISSAL

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On October 28, 2010, Plaintiff, currently housed at the Correctional Training Facility,
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and proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. On March 30,
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2011, Plaintiff filed a notice of voluntary dismissal. Plaintiff may voluntarily dismiss his
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complaint without order of this Court if he files his notice before Defendants serve an answer or
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motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(i); American Soccer Co. v. Score
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First Enters., 187 F. 3d 1108, 1110 (9th Cir. 1999) (noting that a plaintiff has an “absolute right”
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to dismiss his action voluntarily before defendant serves an answer or a motion for summary
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judgment). Accordingly, this action is DISMISSED without prejudice. The Clerk shall
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terminate all pending motions and close the file.
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IT IS SO ORDERED.
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DATED:

4/11/11
LUCY H. KOH
United States District Judge

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Order of Dismissal
P:\PRO-SE\SJ.LHK\CR.10\DeRossett886voldis.wpd