Avalos v. Miranda

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA GEORGE AVALOS, Case No. 1:21-cv-00537-DAD-EPG 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.

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