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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DONALD LUEBBERS,
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Plaintiff,
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v.
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MEDICAL LVN BISHOP, et al.,
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Defendants.
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No. C 11-3750 LHK (PR)
ORDER OF DISMISSAL

On August 11, 2011, Plaintiff, a state prisoner proceeding pro se, filed a civil rights

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complaint pursuant to 42 U.S.C. § 1983. On October 4, 2011, Plaintiff filed a letter requesting

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that his court action not continue. The Court construes Plaintiff’s letter as a notice of voluntary

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dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). Plaintiff may voluntarily dismiss

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his complaint without order of this Court if he files his notice before Defendants serve an answer

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or 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 close the

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file.

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IT IS SO ORDERED.
DATED:

10/14/11
LUCY H. KOH
United States District Judge

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Order of Dismissal
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