Jack v. County of Stanislaus et al

Filing 55

ORDER Directing Clerk of the Court to Terminate Defendant Cody Gunsolley as a Party in This Action Pursuant to Fed. R. Civ. P. 41(a) signed by Magistrate Judge Stanley A. Boone on 9/18/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES JACK, JR.,
Plaintiff,

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ORDER DIRECTING CLERK OF THE
COURT TO TERMINATE DEFENDANT
CODY GUNSOLLEY AS A PARTY IN
THIS ACTION PURSUANT TO FED. R.
CIV. P. 41(a)

v.

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Case No. 1:17 -cv-00520-AWI-SAB

COUNTY OF STANISLAUS, et al.,
Defendants.

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(ECF No. 52)

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James Jack, Jr. (“Plaintiff”) filed this action on April 12, 2017. (ECF No. 1.) Currently

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15 the action is proceeding on the third amended complaint against Cody Gunsolley and Eric
16 Pearson. On September 17, 2019, a notice of voluntary dismissal was filed dismissing the action
17 with prejudice as to Defendant Gunsolley with each party to bear its own costs and attorney fees.
18 (ECF No. 52.)
Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all

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20 of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d
21 688, 692 (9th Cir. 1997). In light of the stipulation of the parties, Defendant Cody Gunsolley has
22 been terminated as a defendant in this action, with each party to bear its own costs, expenses, and
23 attorney fees as they relate to the subject matter of the stipulation.
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IT IS SO ORDERED.

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September 18, 2019
UNITED STATES MAGISTRATE JUDGE

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