Stanley v. Williams

Opinion

1 2 3 6 7 JERRY FRANK STANLEY, C80900, Case No. 21-cv-08347-CRB (PR) 8 Plaintiff, 9 v. ORDER OF DISMISSAL 10 HEATHER E. WILLIAMS, et al., 11 Defendant(s). 12 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 14 The letter is construed as a notice of voluntary dismissal under Federal Rule of Civil Procedure 3 15 || 41(a)(1)(A)Q@) and, pursuant thereto, the action is DISMISSED without prejudice. See American 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 5 18 || leaves no role for court to play). 19 The clerk is directed to send plaintiff two blank habeas petition forms and to close the case 0 and terminate all pending motions as moot. 9 Dated: November 22, 2021 33 2a CHARLES R. BREYER 94 United States District Judge 25 26 27 28