Opinion

Clark v. Brown

Court
District Court, N.D. California
Filed
May 18, 2022
Cited by
0 cases
Authority
More cited than 18.8%

The opinion

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8 UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA

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ALPHONSO RAMON CLARK, Case No. 21-cv-09230 BLF (PR)

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Plaintiff,

ORDER GRANTING REQUEST

12 FOR VOLUNTARY DISMISSAL

v.

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14 DR. MOLLY BROWN, et al.,

15 Defendants.

16 (Docket No. 7)

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18 Plaintiff, proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983.

19 Dkt. No. 1. On April 5, 2022, the Court dismissed the complaint with leave to amend.

20 Dkt. No. 3. On May 9, 2022, the Court granted Plaintiff’s motion for an extension of time.

21 Dkt. Nos. 5, 6.

22 On May 13, 2022, Plaintiff filed a single page document with the caption, “Motion

23 to dismiss without prejudice.” Dkt. No. 7. The Court construes this document as a request

24 for voluntary dismissal. A plaintiff has the absolute right to dismiss his or her action by

25 filing a notice of dismissal “at any time before service by the adverse party of an answer or

26 of a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(i). Said dismissal may be

27 with or without prejudice, but unless plaintiff's notice of dismissal states otherwise, it is

1 deemed to be “without prejudice.” See Fed. R. Civ. P. 41(a)(1); Humphreys v. United

2 || States, 272 F.2d 411, 412 (9th Cir. 1959).

3 Based on the foregoing, Plaintiff's request for voluntary dismissal is GRANTED.

4 || Id. This action is DISMISSED without prejudice. The Clerk shall terminate all pending

5 motions and close the file.

6 This order terminates Docket No. 7.

7 IT IS SO ORDERED.

8 Dated: ___ May 18, 2022

BETH LABSON FREEMAN

? United States District Judge

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25 Order Granting Request for Vol. Dism.

P:\PRO-SE\BLF\CR.21\09230Clark_vol.dism

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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