Moore v. Wong et al

Filing 15

ORDER DIRECTING Clerk of Court to Update Docket, signed by Magistrate Judge Sheila K. Oberto on 1/15/15: Defendant James Clayton Wong is DISMISSED and TERMINATED from this lawsuit. (Hellings, J)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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RONALD MOORE,
Plaintiff,
vs.
JAMES CLAYTON WONG, et al.,
Defendants.

) No. 1:14-cv-01997---SKO
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) ORDER DIRECTING CLERK OF
)
) COURT TO UPDATE DOCKET
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On January 13, 2015, Plaintiff filed a notice of voluntary dismissal of defendant James
Clayton Wong without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).
In relevant part, Rule 41(a)(1)(A) provides as follows:

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[A] plaintiff may dismiss an action with a court order by filing: (i) a notice of
dismissal before the opposing party serves either an answer or a motion for
summary judgment; or (ii) a stipulation of dismissal signed by all parties who
have appeared.

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Fed. R. Civ. P. 41(a)(1)(A). "The plaintiff may dismiss some or all of the defendants, or some

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or all of his claims, through a Rule 41(a)(1) notice," and the dismissal "automatically

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terminates the action as to the defendants who are the subjects of the notice." Wilson v. City of

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San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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Because Plaintiff filed a notice of dismissal of defendant Wong without prejudice under

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Rule 41(a)(1)(A)(i), the claims against that defendant have been automatically terminated.

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Fed. R. Civ. P. 41(a)(1)(A)(i).

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Accordingly IT IS HEREBY ORDERED that the Clerk of the Court is to

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administratively update the docket to reflect that all claims against defendant James Clayton

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Wong have been dismissed, and he is terminated from the lawsuit.

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IT IS SO ORDERED.
Dated:

January 15, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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