Erving v. Grounds

Filing 5

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 4/9/12. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 4/9/2012)

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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 ERVING,

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Plaintiff,
v.
RANDY GROUNDS (Warden)

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Defendant.

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No. C 12-0721 LHK (PR)
ORDER OF DISMISSAL

On February 14, 2012, Plaintiff, a California prisoner, proceeding pro se, filed a motion

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for preliminary injunction which commenced this action. The same day, the Clerk notified

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Plaintiff that he had not paid the filing fee, nor had he filed an application to proceed in forma

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pauperis (“IFP”). On March 22, 2012, Plaintiff returned the Clerk’s deficiency notice

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indicating that he wished to voluntarily dismiss the action. Plaintiff may voluntarily dismiss if

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he files his notice before the opposing party serves either an answer or a motion for summary

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judgment. See Fed. R. Civ. P. 41(a)(1)(A)(i); U.S. v. Real Property, 545 F.3d 1134, 1145-46 (9th

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Cir. 2008) (noting that a plaintiff has an “absolute right” to dismiss his action “without

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prejudice” only before defendant serves an answer). Accordingly, this action is DISMISSED

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without prejudice. The Clerk shall terminate all pending motions and close the file.

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IT IS SO ORDERED.
DATED:

4/9/12

LUCY H. KOH
United States District Judge

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Order of Dismissal
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