Anglin v. Barron et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ETHELE BARRON, et al.,
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
Debra Anglin filed a Notice of Dismissal as to defendant Jose Gonzales without prejudice.
(Doc. 12) 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 Mr. Gonzales has not filed an answer or motion for summary
judgment, the dismissal was effective without an order of the court. See Fed. R. Civ. Pro. 41(a)(2);
Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
Accordingly, the Clerk of Court is DIRECTED to updated the docket and terminate Jose
Gonzales as a defendant in the action.
IT IS SO ORDERED.
October 4, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?