Center for Biological Diversity v. United States Bureau of Reclamation

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA CENTER FOR BIOLOGICAL Case No. 1:20-cv-00706-DAD-EPG DIVERSITY, et al., Plaintiffs, 13 ORDER RE: NOTICE OF DISMISSAL OF v. DEFENDANT RECLAMATION DISTRICT 14 NO. 1004 WITHOUT PREJUDICE UNITED STATES BUREAU OF RECLAMATION, et al., (ECF No. 163) 16 Defendants.

18 On November 9, 2021, Plaintiffs Center for Biological Diversity, Restore the Delta, and Planning and Conservation League filed a notice of voluntary dismissal of Defendant Reclamation District No. 1004 without prejudice. (ECF No. 163.) Defendant Reclamation District No. 1004 has not yet filed an answer or a motion for summary judgment. See Fed. R. Civ. P. 41 (a)(1)(A)(i). Therefore, pursuant to Plaintiff’s notice, this case is dismissed without prejudice only as to Defendant Reclamation District No. 1004. See Fed. R. Civ. P. 41(a)(1)(A); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

25 /// /// /// /// 1 Accordingly, the Clerk of the Court is respectfully directed to terminate only Defendant | Reclamation District No. 1004 on the docket.

3 IT IS SO ORDERED.

4 Dated: _ November 10, 2021 [spe ey □ 5 UNITED STATES MAGISTRATE JUDGE