Cavanaugh v. Youngblood et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
PATRICK J. CAVANAUGH,
DONNY YOUNGBLOOD, et al.,
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
Patrick Cavanaugh filed a Notice of Voluntary Dismissal as to defendant Arminda Zabala.
(Doc. 16) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), “the plaintiff may dismiss an action without a court
order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion
for summary judgment.” Because Arminda Zabala has not filed an answer or motion for summary
judgment, the dismissal was effective without an order of the court. See Fed. R. Civ. P. 41(a)(2).
Accordingly, the Clerk of Court is DIRECTED to updated the docket and terminate Arminda
Zabala as a defendant in the action.
IT IS SO ORDERED.
October 16, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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