Lopez v. Alameda County Sheriff's Department

Filing 6

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 CHARLES R. LOPEZ, 10 Plaintiff, 11 v. 12 13 ALAMEDA COUNTY SHERIFF’S DEPARTMENT, 14 Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C 12-5107 RMW (PR) ORDER GRANTING PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL 15 16 On October 1, 2012, plaintiff, a prisoner currently incarcerated at Santa Rita County Jail 17 in Alameda County, filed a federal civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff 18 has now filed a letter addressed to the Court requesting that the complaint be withdrawn. (Doc. 19 No. 4.) Plaintiff may voluntarily dismiss his complaint with or without order of this court. See 20 Fed. R. Civ. P. 41(a)(2); 41(a)(1)(A). Said dismissal may be with or without prejudice, but 21 unless plaintiff’s notice of dismissal or the court order states otherwise, it is deemed to be 22 “without prejudice.” See Fed. R. Civ. P. 41(a)(1); 41(a)(2). Because the opposing parties have 23 not been served, plaintiff’s request for voluntary dismissal is construed as a “notice of 24 dismissal,” and requires no order from the court. Fed. 41(a)(1)(A)(i). 25 Accordingly, this action is DISMISSED. The Clerk shall close the file. 26 IT IS SO ORDERED. 27 28 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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