Arendas v. Altizer

N.D. California

Arendas v. Altizer

DecidedApril 24, 2020

Docket3:20-cv-02041

StatusUnknown

This text of Arendas v. Altizer (Arendas v. Altizer) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Arendas v. Altizer, (N.D. Cal. 2020).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PETER JOHN ARENDAS, #36554, Case No. 20-cv-02041-CRB (PR) 8 Plaintiff, 9 y. ORDER OF DISMISSAL 10 KEITH ALTIZER, ll Defendant(s). 12 Plaintiff has filed a letter advising the clerk that he “will be dismissing” this action “as per 5 13 FRCP41(a)(1)(A)” and that “this letter should suffice as per the rule.” Letter (ECF No. 5) at 1. S 14 || The letter is construed as a notice of voluntary dismissal under Federal Rule of Civil Procedure 3 15 41(a)(1)(A)@) and, pursuant thereto, the action is DISMISSED without prejudice. See American z 16 || Soccer Co. v. Score First Enters., 187 F.3d 1108, 1110 (9th Cir. 1999) (plaintiff's “‘absolute right” 5 17 || to dismiss his action voluntarily before defendants serve answer or motion for summary judgment 18 || leaves no role for court to play). 19 The clerk is directed to close the case and terminate all pending motions as moot. 20 IT IS SO ORDERED. 21 || Dated: April 24, 2020 22 CHARLES R. BREYER 23 United States District Judge 24 25 26 27 28

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 PETER JOHN ARENDAS, 7 Case No. 3:20-cv-02041-CRB Plaintiff, 8 9 V. CERTIFICATE OF SERVICE

10 KEITH ALTIZER, Defendant. 11 12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 13 District Court, Northern District of California.

15 That on April 24, 2020, ISERVED a true and correct copy(ies) of the attached, by placing

16 said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 17 depositing said envelope in the U.S. Mail, or by placing said copy(es) into an inter-office delivery Z 18 receptacle located in the Clerk's office. 19 20 || Peter John Arendas ID: 36554 Shasta County Jail 21 1655 West Street Redding, CA 96001 22 23 Dated: April 24, 2020 24 Susan Y. Soong 25 Clerk, United States District Court 26 py Wb take 07 Lashanda Scott, Deputy Clerk to the Honorable CHARLES R. BREYER 28

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PETER JOHN ARENDAS, #36554, Case No. 20-cv-02041-CRB (PR) 8 Plaintiff, 9 y. ORDER OF DISMISSAL 10 KEITH ALTIZER, ll Defendant(s). 12 Plaintiff has filed a letter advising the clerk that he “will be dismissing” this action “as per 5 13 FRCP41(a)(1)(A)” and that “this letter should suffice as per the rule.” Letter (ECF No. 5) at 1. S 14 || The letter is construed as a notice of voluntary dismissal under Federal Rule of Civil Procedure 3 15 41(a)(1)(A)@) and, pursuant thereto, the action is DISMISSED without prejudice. See American z 16 || Soccer Co. v. Score First Enters., 187 F.3d 1108, 1110 (9th Cir. 1999) (plaintiff's “‘absolute right” 5 17 || to dismiss his action voluntarily before defendants serve answer or motion for summary judgment 18 || leaves no role for court to play). 19 The clerk is directed to close the case and terminate all pending motions as moot. 20 IT IS SO ORDERED. 21 || Dated: April 24, 2020 22 CHARLES R. BREYER 23 United States District Judge 24 25 26 27 28

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 PETER JOHN ARENDAS, 7 Case No. 3:20-cv-02041-CRB Plaintiff, 8 9 V. CERTIFICATE OF SERVICE

10 KEITH ALTIZER, Defendant. 11 12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 13 District Court, Northern District of California.

15 That on April 24, 2020, ISERVED a true and correct copy(ies) of the attached, by placing

16 said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 17 depositing said envelope in the U.S. Mail, or by placing said copy(es) into an inter-office delivery Z 18 receptacle located in the Clerk's office. 19 20 || Peter John Arendas ID: 36554 Shasta County Jail 21 1655 West Street Redding, CA 96001 22 23 Dated: April 24, 2020 24 Susan Y. Soong 25 Clerk, United States District Court 26 py Wb take 07 Lashanda Scott, Deputy Clerk to the Honorable CHARLES R. BREYER 28

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