Newson v. Unknown
Filing
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ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 8/7/12. (Attachments: # 1 cert of service)(mpb, COURT STAFF) (Filed on 8/8/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RAYMOND NEWSOM,
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Plaintiff,
v.
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UNIDENTIFIED,
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Defendant.
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No. C 12-3268 LHK (PR)
ORDER OF DISMISSAL
On June 25, 2012, plaintiff, a California state prisoner, filed a letter with the Court, which
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initiated these proceedings. (Docket No. 1.) On July 19, 2012, Plaintiff filed another letter
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indicating that the original letter sent to the Court was not meant to be filed as a complaint.
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(Docket No. 4.) Plaintiff’s current letter is construed as a request to voluntarily dismiss these
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proceedings. Plaintiff may voluntarily dismiss his complaint with or without order of this Court.
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See Fed. R. Civ. P. 41(a)(1)(A), (a)(2). Said dismissal may be with or without prejudice, but
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unless Plaintiff’s notice of dismissal or the Court order states otherwise, it is deemed to be
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“without prejudice.” See Fed. R. Civ. P. 41(a)(1)(B), (a)(2). Because no opposing party has
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been served, Plaintiff’s letter requesting to dismiss these proceedings is construed as a “notice of
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dismissal,” and requires no order from the Court. See Fed. R. Civ. P. 41(a)(1)(A)(i).
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Accordingly, this action is DISMISSED. The Clerk of the Court shall terminate all
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pending motions and close the file. The Clerk is also directed to send an electronic copy of
Order of Dismissal
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plaintiff’s original letter (docket no. 1), and a copy of this order to the courtroom deputy of
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Judge Thelton Henderson.
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IT IS SO ORDERED.
DATED:
8/7/12
LUCY H. KOH
United States District Judge
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Order of Dismissal
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