James v. Unknown
ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 3/14/12. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 3/14/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 12-0213 LHK (PR)
ORDER OF DISMISSAL
On January 12, 2012, Plaintiff, currently housed at the Mule Creek State Prison, and
proceeding pro se, filed a letter which commenced this action. On February 21, 2012, Plaintiff
filed an affidavit of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1).
Plaintiff may voluntarily dismiss his complaint 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 terminate all pending motions and close the file.
IT IS SO ORDERED.
LUCY H. KOH
United States District Judge
Order of Dismissal
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?