Thomas

Filing 6

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 11/17/11. (jg, COURT STAFF) (Filed on 11/17/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RICKY JAMES THOMAS,

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Plaintiff,
v.
UNKNOWN,

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Defendants.

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No. C 11-4714 RMW (PR)
ORDER OF DISMISSAL

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On September 21, 2011, plaintiff, currently housed at the Santa Rita County Jail, and
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proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. On October 19,
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2011, plaintiff filed a letter requesting to withdraw his complaint. The court construes plaintiff’s
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letter as a request for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1).
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Plaintiff may voluntarily dismiss his complaint without a court order if he files his notice before
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defendants serve an answer or motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(i);
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American Soccer Co. v. Score First Enters., 187 F. 3d 1108, 1110 (9th Cir. 1999) (noting that a
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plaintiff has an “absolute right” to dismiss his action voluntarily before defendant serves an
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answer or a motion for summary judgment). Accordingly, this action is DISMISSED without
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prejudice. The clerk shall terminate all pending motions and close the file.
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IT IS SO ORDERED.
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DATED:
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RONALD M. WHYTE
United States District Judge

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Order of Dismissal
P:\pro-se\sj.rmw\cr.11\Thomas714voldis

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

RICKY JAMES THOMAS,

Case Number: CV11-04714 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
SANTA RITA COUNTY JAIL et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 17, 2011, I SERVED a true and correct copy(ies) of the 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.

Ricky James Thomas
Santa Rita County Jail
UKE 744
5325 Broder Boulevard
Dublin, CA 94568
Dated: November 17, 2011
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk