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BANKSTON v. DOES

United States District Court, N.D. California


January 21, 2004.

ANTHONY GEORGE BANKSTON, Plaintiff,
v.
JOHN DOES, et al., Defendants

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER GRANTING PLAINTIFF'S REQUEST FOR DISMISSAL

Plaintiff, a California prisoner, filed this pro se civil rights action in state court. Defendants removed the action to this Court pursuant to 28 U.S.C. ยง 1441(b). Plaintiff subsequently filed a request for voluntary dismissal of this action. A plaintiff has the absolute right to dismiss his or her action by filing a notice of dismissal "at any time before service by the adverse party of an answer or of a motion for summary judgment." Fed.R.Civ.P. 41(a)(1)(i). Said dismissal may be with or without prejudice, but unless plaintiff's notice of dismissal states otherwise, it is deemed to be "without prejudice." Fed.R.Civ.P. 41(a)(1). As defendants have not yet filed an answer, and plaintiffs request does not state otherwise, the request for voluntary dismissal of this action is GRANTED and this action is hereby DISMISSED without prejudice.

This order terminates docket numbers 4 & 5 and all pending motions.

  The clerk shall close the file.

  IT IS SO ORDERED.

20040121

© 1992-2004 VersusLaw Inc.



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