Filing 6

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 3/27/13. (jg, COURT STAFF) (Filed on 3/27/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 IN RE RODOLFO GONZALEZ, 11 Plaintiff, 12 13 ) ) ) ) ) ) ) ) No. C 13-0723 RMW (PR) ORDER OF DISMISSAL 14 15 On February 15, 2013, Plaintiff, a California state prisoner, filed a letter with the court, 16 which initiated these proceedings. (Doc. No. 1.) On March 4, 2013, plaintiff filed a letter 17 stating that he did not intend to file a complaint, and requesting that the action be dismissed. 18 (Doc. No. 5.) 19 Plaintiff may voluntarily dismiss his complaint with or without order of this court. See 20 Fed. R. Civ. P. 41(a)(1)(A), (a)(2). Because no opposing party has been served, plaintiff’s letter 21 requesting to dismiss these proceedings is construed as a “notice of dismissal,” and requires no 22 order from the court. See Fed. R. Civ. P. 41(a)(1)(A)(I). Accordingly, this action is 23 DISMISSED. The clerk of the court shall terminate all pending motions and deadlines and close 24 the file. The clerk is also directed to send an electronic copy of plaintiff’s original letter (Doc. 25 No. 1), and a copy of this order to the courtroom deputy of Judge Thelton Henderson. 26 27 IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge 28 Order of Dismissal G:\PRO-SE\SJ.Rmw\CR.13\Gonzalez723VolDis.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE: RODOLFO GONZALEZ, Case Number: CV13-00723 RMW Plaintiff, CERTIFICATE OF SERVICE / 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 March 27, 2013, 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. Rodolfo Gonzalez K57028 B3-29-03 UP Valley State Prison for Women PO Box 92 Chowcilla, CA 93610 Dated: March 27, 2013 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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