Tennin
Filing
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ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 08/21/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/21/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEVIN MAURICE TENNIN,
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Plaintiff,
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v.
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BLASE DEL, et al.,
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Defendants.
__________________________________ )
No. C 11-4362 JSW (PR)
ORDER OF DISMISSAL
(Docket Nos. 44, 50)
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Plaintiff, a California prisoner, filed this pro se civil rights complaint under 42
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U.S.C. § 1983. He has filed a motion to voluntarily dismiss the case. A plaintiff has the
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absolute right to dismiss his or her action by filing a notice of dismissal "at any time
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before service by the adverse party of an answer or of a motion for summary judgment."
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Fed. R. Civ. P. 41(a)(1). Neither an answer nor a motion for summary judgment have
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been filed. Accordingly, Plaintiff’s request for voluntary dismissal is GRANTED and
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this case is DISMISSED without prejudice. Defendants’ motion to dismiss (docket
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number 44) and Plaintiff’s motion for an extension of time (docket number 50) are
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DENIED as moot.
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The Clerk shall close the file and enter judgment.
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IT IS SO ORDERED.
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DATED:
08/21/2012
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JEFFREY S. WHITE
United States District Judge
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