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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK J. CAVANAUGH, 12 13 14 Plaintiff, v. DONNY YOUNGBLOOD, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) 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) 16 17 Patrick Cavanaugh filed a Notice of Voluntary Dismissal as to defendant Arminda Zabala. 18 (Doc. 16) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), “the plaintiff may dismiss an action without a court 19 order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion 20 for summary judgment.” Because Arminda Zabala has not filed an answer or motion for summary 21 judgment, the dismissal was effective without an order of the court. See Fed. R. Civ. P. 41(a)(2). 22 23 Accordingly, the Clerk of Court is DIRECTED to updated the docket and terminate Arminda Zabala as a defendant in the action. 24 25 26 27 28 IT IS SO ORDERED. Dated: October 16, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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