Luebbers v. Bishop

Filing 8

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 10/14/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 10/14/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 DONALD LUEBBERS, 11 Plaintiff, 12 v. 13 MEDICAL LVN BISHOP, et al., 14 Defendants. 15 ) ) ) ) ) ) ) ) ) ) No. C 11-3750 LHK (PR) ORDER OF DISMISSAL On August 11, 2011, Plaintiff, a state prisoner proceeding pro se, filed a civil rights 16 17 complaint pursuant to 42 U.S.C. § 1983. On October 4, 2011, Plaintiff filed a letter requesting 18 that his court action not continue. The Court construes Plaintiff’s letter as a notice of voluntary 19 dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). Plaintiff may voluntarily dismiss 20 his complaint without order of this Court if he files his notice before Defendants serve an answer 21 or motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(i); American Soccer Co. v. Score 22 First Enters., 187 F. 3d 1108, 1110 (9th Cir. 1999) (noting that a plaintiff has an “absolute right” 23 to dismiss his action voluntarily before defendant serves an answer or a motion for summary 24 judgment). Accordingly, this action is DISMISSED without prejudice. The Clerk shall close the 25 file. 26 27 IT IS SO ORDERED. DATED: 10/14/11 LUCY H. KOH United States District Judge 28 Order of Dismissal N:\10.10 work\Luebbers750voldis.wpd

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