Cavanaugh v. Youngblood et al

Filing 17

Order directing the Clerk to update the docket and terminate Arminda Zabala as a defendant in the action, signed by Magistrate Judge Jennifer L. Thurston on 10/16/2017. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICK J. CAVANAUGH,

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Plaintiff,
v.
DONNY YOUNGBLOOD, et al.,

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Defendants.

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Case No.: 1:17-cv-0832-DAD- JLT
ORDER DIRECTING THE CLERK TO UPDATE
THE DOCKET AND TERMINATE ARMINDA
ZABALA AS A DEFENDANT IN THE ACTION
(Doc. 16)

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Patrick Cavanaugh filed a Notice of Voluntary Dismissal as to defendant Arminda Zabala.

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(Doc. 16) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), “the plaintiff may dismiss an action without a court

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

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for summary judgment.” Because Arminda Zabala has not filed an answer or motion for summary

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judgment, the dismissal was effective without an order of the court. See Fed. R. Civ. P. 41(a)(2).

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Accordingly, the Clerk of Court is DIRECTED to updated the docket and terminate Arminda
Zabala as a defendant in the action.

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IT IS SO ORDERED.
Dated:

October 16, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE