Opinion
No. C 11-4714 RMW (PR)
11-17-2011
RICKY JAMES THOMAS, Plaintiff, v. UNKNOWN, Defendants.
ORDER OF DISMISSAL
On September 21, 2011, plaintiff, currently housed at the Santa Rita County Jail, and proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. On October 19, 2011, plaintiff filed a letter requesting to withdraw his complaint. The court construes plaintiff's letter as a request for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). Plaintiff may voluntarily dismiss his complaint without a court order if he files his notice before defendants serve an answer or motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(i); American Soccer Co. v. Score First Enters., 187 F. 3d 1108, 1110 (9th Cir. 1999) (noting that a plaintiff has an "absolute right" to dismiss his action voluntarily before defendant serves an answer or a motion for summary judgment). Accordingly, this action is DISMISSED without prejudice. The clerk shall terminate all pending motions and close the file.
IT IS SO ORDERED.
RONALD M. WHYTE
United States District Judge
RICKY JAMES THOMAS, Plaintiff,
v.
SANTA RITA COUNTY JAIL et al, Defendant.
Case Number: CV11-04714 RMW
CERTIFICATE OF SERVICE
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 November 17, 2011, 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.
Ricky James Thomas
Santa Rita County Jail UKE 744
5325 Broder Boulevard Dublin, CA 94568
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk