James v. Unknown

Filing 5

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)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
10

JESSE JAMES,

11
12
13
14

Plaintiff,
v.
UNKNOWN
Defendant.

15
16

)
)
)
)
)
)
)
)
)
)
)

No. C 12-0213 LHK (PR)
ORDER OF DISMISSAL

On January 12, 2012, Plaintiff, currently housed at the Mule Creek State Prison, and

17

proceeding pro se, filed a letter which commenced this action. On February 21, 2012, Plaintiff

18

filed an affidavit of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1).

19

Plaintiff may voluntarily dismiss his complaint if he files his notice before Defendants serve an

20

answer or motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(i); American Soccer Co.

21

v. Score First Enters., 187 F.3d 1108, 1110 (9th Cir. 1999) (noting that a plaintiff has an

22

“absolute right” to dismiss his action voluntarily before defendant serves an answer or a motion

23

for summary judgment). Accordingly, this action is DISMISSED without prejudice. The Clerk

24

shall terminate all pending motions and close the file.

25

IT IS SO ORDERED.
DATED: 3/14/12

26

LUCY H. KOH
United States District Judge

27
28
Order of Dismissal
G:\PRO-SE\SJ.LHK\CR.12\James213 Dismissal.wpd