Lopez v. Alameda County Sheriff's Department
Filing
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ORDER Granting Plaintiff's Motion for Voluntary Dismissal, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 11/30/12. (jg, COURT STAFF) (Filed on 12/3/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHARLES R. LOPEZ,
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Plaintiff,
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v.
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ALAMEDA COUNTY SHERIFF’S
DEPARTMENT,
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Defendants.
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No. C 12-5107 RMW (PR)
ORDER GRANTING
PLAINTIFF’S MOTION FOR
VOLUNTARY DISMISSAL
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On October 1, 2012, plaintiff, a prisoner currently incarcerated at Santa Rita County Jail
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in Alameda County, filed a federal civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff
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has now filed a letter addressed to the Court requesting that the complaint be withdrawn. (Doc.
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No. 4.) Plaintiff may voluntarily dismiss his complaint with or without order of this court. See
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Fed. R. Civ. P. 41(a)(2); 41(a)(1)(A). Said dismissal may be with or without prejudice, but
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unless plaintiff’s notice of dismissal or the court order states otherwise, it is deemed to be
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“without prejudice.” See Fed. R. Civ. P. 41(a)(1); 41(a)(2). Because the opposing parties have
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not been served, plaintiff’s request for voluntary dismissal is construed as a “notice of
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dismissal,” and requires no order from the court. Fed. 41(a)(1)(A)(i).
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Accordingly, this action is DISMISSED. The Clerk shall close the file.
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IT IS SO ORDERED.
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DATED:
RONALD M. WHYTE
United States District Judge
Order Granting Plaintiff’s Motion for Voluntary Dismissal
G:\PRO-SE\SJ.Rmw\CR.12\Lopez107voldis.wpd
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
CHARLES LOPEZ,
Case Number: CV12-05107 RMW
Plaintiff,
CERTIFICATE OF SERVICE
v.
ALAMEDA et al,
Defendant.
/
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 December 3, 2012, 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.
Charles R Lopez AWK-394
Santa Rita Jail
5325 Broder Boulevard
Dublin, CA 94568
Dated: December 3, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk
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