Anglin v. Barron et al

Filing 17

ORDER Directing the Clerk to Update the Docket and TERMINATE Jose Gonzales as a Defendant in the Action re 16 , signed by Magistrate Judge Jennifer L. Thurston on 10/4/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBRA ANGLIN,

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Plaintiff,
v.
ETHELE BARRON, et al.,

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Defendant.

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Case No.: 1:17-cv-00974-AWI- JLT
ORDER DIRECTING THE CLERK TO UPDATE
THE DOCKET AND TERMINATE JOSE
GONZALES AS A DEFENDANT IN THE
ACTION
(Doc. 12)

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Debra Anglin filed a Notice of Dismissal as to defendant Jose Gonzales without prejudice.

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(Doc. 12) 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 Mr. Gonzales 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. Pro. 41(a)(2);

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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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

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IT IS SO ORDERED.
Dated:

October 4, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE