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)

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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

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