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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEBRA ANGLIN, 12 13 14 Plaintiff, v. ETHELE BARRON, et al., 15 Defendant. ) ) ) ) ) ) ) ) ) ) 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) 16 17 Debra Anglin filed a Notice of Dismissal as to defendant Jose Gonzales without prejudice. 18 (Doc. 12) 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 Mr. Gonzales 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. Pro. 41(a)(2); 22 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 23 24 Accordingly, the Clerk of Court is DIRECTED to updated the docket and terminate Jose Gonzales as a defendant in the action. 25 26 27 28 IT IS SO ORDERED. Dated: October 4, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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