United States District Court, N.D. California
January 21, 2004.
ANTHONY GEORGE BANKSTON, Plaintiff,
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. § 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
This order terminates docket numbers 4 & 5 and all pending motions.
The clerk shall close the file.
IT IS SO ORDERED.
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