Arendas v. Altizer
Arendas v. Altizer
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PETER JOHN ARENDAS, #36554, Case No. 20-cv-02041-CRB (PR) 8 Plaintiff, 9 y. ORDER OF DISMISSAL 10 KEITH ALTIZER, ll Defendant(s). 12 Plaintiff has filed a letter advising the clerk that he “will be dismissing” this action “as per 5 13 FRCP41(a)(1)(A)” and that “this letter should suffice as per the rule.” Letter (ECF No. 5) at 1. S 14 || The letter is construed as a notice of voluntary dismissal under Federal Rule of Civil Procedure 3 15 41(a)(1)(A)@) and, pursuant thereto, the action is DISMISSED without prejudice. See American z 16 || Soccer Co. v. Score First Enters.,
187 F.3d 1108, 1110(9th Cir. 1999) (plaintiff's “‘absolute right” 5 17 || to dismiss his action voluntarily before defendants serve answer or motion for summary judgment 18 || leaves no role for court to play). 19 The clerk is directed to close the case and terminate all pending motions as moot. 20 IT IS SO ORDERED. 21 || Dated: April 24, 2020 22 CHARLES R. BREYER 23 United States District Judge 24 25 26 27 28
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 PETER JOHN ARENDAS, 7 Case No. 3:20-cv-02041-CRB Plaintiff, 8 9 V. CERTIFICATE OF SERVICE
10 KEITH ALTIZER, Defendant. 11 12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 13 District Court, Northern District of California.
15 That on April 24, 2020, ISERVED a true and correct copy(ies) of the attached, by placing
16 said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 17 depositing said envelope in the U.S. Mail, or by placing said copy(es) into an inter-office delivery Z 18 receptacle located in the Clerk's office. 19 20 || Peter John Arendas ID: 36554 Shasta County Jail 21 1655 West Street Redding, CA 96001 22 23 Dated: April 24, 2020 24 Susan Y. Soong 25 Clerk, United States District Court 26 py Wb take 07 Lashanda Scott, Deputy Clerk to the Honorable CHARLES R. BREYER 28
Reference
- Status
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