Stanley v. Williams

N.D. California

Stanley v. Williams

DecidedNovember 22, 2021

Docket3:21-cv-08347

StatusUnknown

This text of Stanley v. Williams (Stanley v. Williams) 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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Stanley v. Williams, (N.D. Cal. 2021).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 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. 1 IT ISSO ORDERED. 9 Dated: November 22, 2021 33 2a CHARLES R. BREYER 94 United States District Judge 25 26 27 28

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 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. 1 IT ISSO ORDERED. 9 Dated: November 22, 2021 33 2a CHARLES R. BREYER 94 United States District Judge 25 26 27 28

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