Lopez v. Alameda County Sheriff's Department
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
CHARLES R. LOPEZ,
ALAMEDA COUNTY SHERIFF’S
No. C 12-5107 RMW (PR)
PLAINTIFF’S MOTION FOR
On October 1, 2012, plaintiff, a prisoner currently incarcerated at Santa Rita County Jail
in Alameda County, filed a federal civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff
has now filed a letter addressed to the Court requesting that the complaint be withdrawn. (Doc.
No. 4.) Plaintiff may voluntarily dismiss his complaint with or without order of this court. See
Fed. R. Civ. P. 41(a)(2); 41(a)(1)(A). Said dismissal may be with or without prejudice, but
unless plaintiff’s notice of dismissal or the court order states otherwise, it is deemed to be
“without prejudice.” See Fed. R. Civ. P. 41(a)(1); 41(a)(2). Because the opposing parties have
not been served, plaintiff’s request for voluntary dismissal is construed as a “notice of
dismissal,” and requires no order from the court. Fed. 41(a)(1)(A)(i).
Accordingly, this action is DISMISSED. The Clerk shall close the file.
IT IS SO ORDERED.
RONALD M. WHYTE
United States District Judge
Order Granting Plaintiff’s Motion for Voluntary Dismissal
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case Number: CV12-05107 RMW
CERTIFICATE OF SERVICE
ALAMEDA et al,
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
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?