Free Order Dismissing Case - District Court of California - California

Case 4:07-cv-05747-CW

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On January 16, 2008, Defendants filed a motion to dismiss the complaint. Plaintiff did not oppose this motion, but instead moved v. D. ANDREW BYRNE, et al., Defendants. / RODNEY MARTIN, No. C 07-5747 CW Plaintiff, ORDER OF DISMISSAL FOR THE NORTHERN DISTRICT OF CALIFORNIA

for a voluntary dismissal of his case on February 19, 2008. Under Rule 41(a)(1) of the Federal Rules of Civil Procedure, "a plaintiff has an absolute right voluntarily to dismiss his action prior to service by the defendant of an answer or a motion for summary judgment." Cir. 1995). Concha v. London, 62 F.3d 1493, 1506 (9th

"Even if the defendant has filed a motion to dismiss,

the plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1)." Id.

Although no court order is required for a voluntary dismissal under Rule 41(a)(1), id., Plaintiff's motion (Docket No. 23) is GRANTED and this action is DISMISSED WITHOUT PREJUDICE.

Case 4:07-cv-05747-CW

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendants' motion to dismiss (Docket No. 19) is DENIED as moot. The clerk shall close the file. costs. IT IS SO ORDERED. Each party shall bear its own

Dated: 4/8/08 CLAUDIA WILKEN United States District Judge

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Case 4:07-cv-05747-CW

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1 2 3 4 5 MARTIN et al, 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV07-05747 CW CERTIFICATE OF SERVICE

Plaintiff, 7 v. 8 BYRNE et al, 9 Defendant. 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Arlo Hale Smith Arlo Hale Smith, Esq. 66 San Fernando Way San Francisco, CA 94127 Rodney Martin P.O. Box 1591 El Cerrito, CA 94530 Dated: April 8, 2008 /

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 April 8, 2008, 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.

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk