Stanley

Stanley v. Williams

Good Law
United States District Court, Northern District of CaliforniaNovember 22, 20213:21-cv-08347California203 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JERRY FRANK STANLEY, C80900, Case No. 21-cv-08347-CRB (PR) Plaintiff, v. ORDER OF DISMISSAL HEATHER E. WILLIAMS, et al., Defendant(s). 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 The letter is construed as a notice of voluntary dismissal under Federal Rule of Civil Procedure || 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 || leaves no role for court to play). The clerk is directed to send plaintiff two blank habeas petition forms and to close the case and terminate all…

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