Moncrief

Filing 5

ORDER OF DISMISSAL. Signed by Judge Hon. Lucy H. Koh on 9/21/2016. (sms, COURT STAFF) (Filed on 9/22/2016) (Additional attachment(s) added on 9/22/2016: # 1 Certificate/Proof of Service) (sms, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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Case No. 16-CV-4505-LHK (PR)

JOHN MONCRIEF,
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ORDER OF DISMISSAL

Plaintiff,
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v.
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UNKNOWN,
Defendant.

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On August 10, 2016, plaintiff, a California prisoner, filed a letter addressed to District

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Court Judge Thelton E. Henderson complaining about the medical treatment at R.J. Donovan

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Medical Facility in San Diego, California. That same day, the clerk sent plaintiff a notice that he

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must submit a complaint within twenty-eight days to avoid dismissal of the action. On August 26,

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2016, plaintiff filed a letter stating that he did not intend to proceed with a civil action due to

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health concerns. He requested that the court “prevent this civil action from going any farther.”

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(Docket No. 4 at 2.)

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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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Case No. 16-cv-4505-LHK (PR)
ORDER OF DISMISSAL

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judgment. See Fed. R. Civ. P. 41(a)(1)(i). Here, plaintiff’s letter filed August 26, 2016, is

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

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IT IS SO ORDERED.
Dated: _______________________
9/21/2016

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__________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 16-cv-4505-LHK (PR)
ORDER OF DISMISSAL