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