Ortiz et al v. Alvarez et al

Filing 129

ORDER Terminating Martha Moreno as Plaintiff on the Docket signed by Magistrate Judge Erica P. Grosjean on 09/12/2017. (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 S. ORTIZ, et al., Case No. 1:15-cv-00535-DAD-EPG Plaintiff, 11 v. 12 13 GERARDO ALVAREZ, et al., ORDER TERMINATING MARTHA MORENO AS PLAINTIFF ON THE DOCKET (ECF No. 128) Defendants. 14 15 On September 8, 2017, the parties filed a stipulation to dismiss with prejudice the claims 16 in this action of Plaintiff Martha Moreno. (ECF No. 128). All parties have agreed to the 17 dismissal. Id. In light of the stipulation, the claims of Martha Moreno are dismissed with 18 prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th 19 Cir. 1997); Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the defendant has 20 filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing a notice of 21 dismissal under Rule 41(a)(1).”). Accordingly, the Clerk of the Court is DIRECTED to terminate 22 23 MARTHA MORENO on the docket as a plaintiff. IT IS SO ORDERED. 24 25 Dated: September 12, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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