Stevenson v. Holland, et al.

Filing 74

ORDER directing the Clerk of Court to close this action as to Defendant, K. Holland and directing the Clerk to update the docket 32 signed by Magistrate Judge Jennifer L. Thurston on 9/24/2019. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOUGLAS J. STEVENSON,
Plaintiff,

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v.

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K. HOLLAND, et al.,
Defendants.

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Case No.: 1:16-cv-01831- AWI-JLT
ORDER DIRECTING THE CLERK OF COURT
TO CLOSE THIS ACTION AS TO
DEFENDANT “K. HOLLAND” AND
DIRECTING THE CLERK TO UPDATE THE
DOCKET
(Doc. 32)

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On March 8, 2018, Plaintiff notified the Court of his intent to proceed on claims previously

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found cognizable in the First Amended Complaint. (Doc. 32) Plaintiff also indicated he was dismissing

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the remaining claim against Holland without prejudice pursuant to Rule 41(a)(1) of the Federal Rules of

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Civl Procedure, and requested only the “remaining named defendants answer the First Amended

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Complaint.” (Id. at 2)
Pursuant to Rule 41(a)(1)(A), “the plaintiff may dismiss an action without a court order by

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filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for

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summary judgment.” Because the defendants had not filed an answer or summary judgment, the claim

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against Holland was automatically terminated. Id.

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Based upon Plaintiff’s Rule 41 notice of dismissal, the Clerk of Court is DIRECTED to close
this action only as to Defendant “K. Holland,” and update the docket.

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IT IS SO ORDERED.
Dated:

September 24, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE