Hoyt v. Unknown

Filing 5

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 12/13/12. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 12/14/2012)

1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
11

JOHNAE HOYT,

12
13

Plaintiff,
v.

14
UNIDENTIFIED,
15
Defendant.
16
17

)
)
)
)
)
)
)
)
)
)
)

No. C 12-5720 LHK (PR)
ORDER OF DISMISSAL

On November 7, 2012, Plaintiff, a California state prisoner, filed a letter with the Court,

18

which initiated these proceedings. (Docket No. 1.) On November 30, 2012, Plaintiff filed

19

another letter indicating that the original letter sent to the Court was not meant to be filed as a

20

complaint. (Docket No. 4.) Plaintiff’s current letter is construed as a request to voluntarily

21

dismiss these proceedings. Plaintiff may voluntarily dismiss his complaint with or without order

22

of this Court. See Fed. R. Civ. P. 41(a)(1)(A), (a)(2). Said dismissal may be with or without

23

prejudice, but unless Plaintiff’s notice of dismissal or the court order states otherwise, it is

24

deemed to be “without prejudice.” See Fed. R. Civ. P. 41(a)(1)(B), (a)(2). Because no opposing

25

party has been served, Plaintiff’s letter requesting to dismiss these proceedings is construed as a

26

“notice of dismissal,” and requires no order from the Court. See Fed. R. Civ. P. 41(a)(1)(A)(i).

27

Accordingly, this action is DISMISSED. The Clerk of the Court shall terminate all

28

pending motions and close the file. The Clerk is also directed to send an electronic copy of
Order of Dismissal
G:\PRO-SE\SJ.LHK\CR.12\Hoyt720VolDis.wpd

1

Plaintiff’s original letter (Docket No. 1), and a copy of this order to the courtroom deputy of

2

Judge Thelton Henderson.

3
4

IT IS SO ORDERED.
DATED:

12/13/12
LUCY H. KOH
United States District Judge

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order of Dismissal
G:\PRO-SE\SJ.LHK\CR.12\Hoyt720VolDis.wpd

2