Stanley v. Williams

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 7 JERRY FRANK STANLEY, C80900, Case No. 21-cv-08347-CRB (PR) 8 Plaintiff, 9 v. ORDER OF DISMISSAL 10 HEATHER E. WILLIAMS, et al., 11 Defendant(s).

12 Plaintiff has filed a letter advising the clerk and court that he “do[es] not with to file a civil 13. || suit C 21-cv-08347-CRB” and instead wants two “habeas corpus forms.” Letter (ECF No. 5) at 1.

S 14 The letter is construed as a notice of voluntary dismissal under Federal Rule of Civil Procedure 15 || 41(a)(1)(A)Q@) and, pursuant thereto, the action is DISMISSED without prejudice. See American || Soccer Co. v. Score First Enters., 187 F.3d 1108, 1110 (9th Cir. 1999) (plaintiff's “absolute right” 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 send plaintiff two blank habeas petition forms and to close the case and terminate all pending motions as moot.

1 IT ISSO ORDERED.

9 Dated: November 22, 2021 33 2a CHARLES R. BREYER 94 United States District Judge