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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROYA ZANDIEH,

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Plaintiff,
v.
UNKNOWN,

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Defendant.

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No. C 12-6218 LHK (PR)
ORDER OF DISMISSAL

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On December 7, 2012, Plaintiff, a California prisoner, filed a letter with the court

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regarding his medical condition which commenced this action. The same day, the Clerk notified

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Plaintiff that he had not paid the filing fee, nor had he filed an application to proceed in forma

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pauperis (“IFP”). On December 17, 2012, Plaintiff returned the Clerk’s deficiency notice

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indicating that he wished to have this action dismissed. (Docket No. 4.) Plaintiff may

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voluntarily dismiss if he files his notice before the opposing party serves either an answer or a

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motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(A)(i); U.S. v. Real Property, 545

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F.3d 1134, 1145-46 (9th Cir. 2008) (noting that a plaintiff has an “absolute right” to dismiss his

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action “without prejudice” only before defendant serves an answer). Accordingly, this action is

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DISMISSED without prejudice. The Clerk shall terminate all pending motions and close the

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file.

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IT IS SO ORDERED.
DATED:

1/9/13
LUCY H. KOH
United States District Judge

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Order of Dismissal
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