Avalos v. Miranda

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA | GEORGE AVALOS, Case No. 1:21-cv-00537-DAD-EPG 12 Plaintiff, ORDER RE: NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT PAUL E.

13] v. FRANKLIN WITHOUT PREJUDICE GABRIEL FELIX MIRANDA, et al., (ECF No. 5) Defendants.

18 On April 15, 2021, Plaintiff George Avalos filed a notice of voluntary dismissal of | Defendant Paul E. Franklin without prejudice. (ECF No. 5.) Defendant Franklin has not filed | either an answer or a motion for summary judgment. Accordingly, in light of the notice, the | case against Defendant Franklin has ended and is dismissed without prejudice. See Fed. R. Civ. | P.41(a\U (A); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The Clerk of the | Court is respectfully directed to designate on the docket that Defendant Franklin has been | terminated from this action as of April 15, 2021.

IS SO ORDERED.

Dated: _ April 16, 2021 [sf Sy — 37 UNITED STATES MAGISTRATE JUDGE