ANGLIN v. BARRON, 1:17-cv-00974-AWI-JLT. (2017)
Court: District Court, E.D. California
Number: infdco20171005d90
Visitors: 13
Filed: Oct. 04, 2017
Latest Update: Oct. 04, 2017
Summary: ORDER DIRECTING THE CLERK TO UPDATE THE DOCKET AND TERMINATE JOSE GONZALES AS A DEFENDANT IN THE ACTION JENNIFER L. THURSTON , Magistrate Judge . 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 n
Summary: ORDER DIRECTING THE CLERK TO UPDATE THE DOCKET AND TERMINATE JOSE GONZALES AS A DEFENDANT IN THE ACTION JENNIFER L. THURSTON , Magistrate Judge . 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 no..
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ORDER DIRECTING THE CLERK TO UPDATE THE DOCKET AND TERMINATE JOSE GONZALES AS A DEFENDANT IN THE ACTION
JENNIFER L. THURSTON, Magistrate Judge.
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.
Source: Leagle
