Zandieh v. Unknown

Filing 5

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 1/9/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 1/10/2013)

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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 ROYA ZANDIEH, 10 11 12 Plaintiff, v. UNKNOWN, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) No. C 12-6218 LHK (PR) ORDER OF DISMISSAL 15 On December 7, 2012, Plaintiff, a California prisoner, filed a letter with the court 16 regarding his medical condition which commenced this action. The same day, the Clerk notified 17 Plaintiff that he had not paid the filing fee, nor had he filed an application to proceed in forma 18 pauperis (“IFP”). On December 17, 2012, Plaintiff returned the Clerk’s deficiency notice 19 indicating that he wished to have this action dismissed. (Docket No. 4.) Plaintiff may 20 voluntarily dismiss if he files his notice before the opposing party serves either an answer or a 21 motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(A)(i); U.S. v. Real Property, 545 22 F.3d 1134, 1145-46 (9th Cir. 2008) (noting that a plaintiff has an “absolute right” to dismiss his 23 action “without prejudice” only before defendant serves an answer). Accordingly, this action is 24 DISMISSED without prejudice. The Clerk shall terminate all pending motions and close the 25 file. 26 27 IT IS SO ORDERED. DATED: 1/9/13 LUCY H. KOH United States District Judge 28 Order of Dismissal G:\PRO-SE\SJ.LHK\CR.12\Zandieh218Vol Dism.wpd

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