Moncrief

Filing 5

ORDER OF DISMISSAL. Signed by Judge Hon. Lucy H. Koh on 8/19/2015. **The Clerk shall close the case file.** (sms, COURT STAFF) (Filed on 8/20/2015)

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FILED

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AUG 2 0 2015
CRICHA~D W. WIEKING

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NOffiH~~~ U.1 TR'
D!STRICT COURT
0SAN ~ds~F CALIFORNIA

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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On June 29, 2015, plaintiff, a California prisoner, filed a letter addressed to District Court

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Judge Thelton E. Henderson complaining about the medical treatment at California Health Care

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Facility in Stockton, California. That same day, the clerk sent plaintiff a notice that he must

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submit a complaint within twenty-eight days to avoid dismissal of the action. On July 31, 2015,

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plaintiff filed a letter stating that he did not intend to file a formal complaint when he sent the

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June 29, 2015 letter. Plaintiff requests that the case be dismissed.

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Plaintiff may voluntarily dismiss his complaint without order of this court by filing a

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notice of dismissal before the opposing party serves either an answer or motion for summary

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judgment. See Fed. R. Civ. P. 41(a)(1)(i). Here, plaintiffs letter filed June 29, 2015, is

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construed as a notice of dismissal. This case is DISMISSED without prejudice.

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II

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II
Order of Dismissal
P:\PRO-SE\LHK\CR.15\Moncrief004voldism. wpd

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Because this case was opened in error, no filing fee is due. The clerk shall terminate all
pending motions and deadlines and close the file.
IT IS SO ORDERED.

4 DATED:

g/lq/20/S
(

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LUCYH.K
United States District Judge

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Order of Dismissal
P:\PRO-SE\LHK\CR.15\Moncrief004voldism. wpd

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