Runsted v. Beard

Filing 7

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 10/21/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 10/22/2013)

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

DANIEL J. RUNSTED,

10

Plaintiff,

11
12

v.
JEFFREY BEARD,

13

Defendant.

14
15

)
)
)
)
)
)
)
)
)
)
)

No. C 13-4016 LHK (PR)
ORDER OF DISMISSAL

On August 29, 2013, plaintiff, a California state prisoner, filed a request for emergency

16

injunctive relief which initiated these proceedings. (Docket No. 1.) The same day, the Clerk

17

notified plaintiff that he failed to submit a complaint, and sent a complaint form to plaintiff.

18

(Docket No. 2.) On September 13, 2013, plaintiff filed a motion to withdraw his complaint

19

indicating that “[t]he intent of [the] injunction was not to make a civil complaint.” (Docket No.

20

4.)

21

Plaintiff may voluntarily dismiss his complaint with or without order of this court. See

22

Fed. R. Civ. P. 41(a)(1)(A), (a)(2). Because no opposing party has been served, plaintiff’s

23

motion to withdraw his complaint is construed as a “notice of dismissal.” See Fed. R. Civ. P.

24

41(a)(1)(A)(I). Accordingly, this action is DISMISSED. The Clerk shall terminate all pending

25

motions and deadlines and close the file.

26
27

IT IS SO ORDERED.
DATED:

10/21/13

LUCY H. KOH
United States District Judge

28
Order of Dismissal
G:\PRO-SE\LHK\CR.13\Runsted016VolDis.wpd