Zandieh v. Unknown
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 12-6218 LHK (PR)
ORDER OF DISMISSAL
On December 7, 2012, Plaintiff, a California prisoner, filed a letter with the court
regarding his medical condition which commenced this action. The same day, the Clerk notified
Plaintiff that he had not paid the filing fee, nor had he filed an application to proceed in forma
pauperis (“IFP”). On December 17, 2012, Plaintiff returned the Clerk’s deficiency notice
indicating that he wished to have this action dismissed. (Docket No. 4.) Plaintiff may
voluntarily dismiss if he files his notice before the opposing party serves either an answer or a
motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(A)(i); U.S. v. Real Property, 545
F.3d 1134, 1145-46 (9th Cir. 2008) (noting that a plaintiff has an “absolute right” to dismiss his
action “without prejudice” only before defendant serves an answer). Accordingly, this action is
DISMISSED without prejudice. The Clerk shall terminate all pending motions and close the
IT IS SO ORDERED.
LUCY H. KOH
United States District Judge
Order of Dismissal
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