Martinez v. Beard et al

Filing 87

ORDER Directing the Clerk of the Court to Close the Case as to "Jesse A." only signed by Magistrate Judge Jennifer L. Thurston on 02/16/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN CARLOS MARTINEZ, 12 13 14 Plaintiff, v. BEARD, et al., 15 Case No. 1:14-cv-00405-DAD-JLT (PC) ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THE CASE AS TO “JESSE A.” ONLY (Doc. 86) Defendants. 16 17 On February 7, 2017, the plaintiff filed a notice of voluntary dismissal of defendant, 18 “Jesse A.” only. (Doc. 86) Jesse A. has not appeared in this action. Federal Rules of Civil 19 Procedure Rule 41 provides that “the plaintiff may dismiss an action without a court order by 20 filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for 21 summary judgment . . .” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order 22 of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. 23 City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is 24 DIRECTED to close this action as to Jesse A. only in light of the notice of dismissal filed and 25 properly signed pursuant to Rule 41(a). 26 27 28 IT IS SO ORDERED. Dated: February 16, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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