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6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8

9 GEORGE AVALOS, Case No. 1:21-cv-00538-NONE-SAB

10 Plaintiff, ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE AND 11 v. CLOSE CASE AND ADJUST THE DOCKET TO REFLECT VOLUNTARY DISMISSAL 12 GURDIP SINGH SANDHU, et al., PURSUANT TO RULE 41(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE 13 Defendants. (ECF No. 18) 14 15 On July 26, 2021, the Court issued findings and recommendations recommending granting 16 plaintiff’s motion for default judgment. (ECF No. 12.) On August 10, 2021, the Court issued an 17 order requiring Plaintiff’s counsel to address Plaintiff’s notices of death filed in other actions before 18 this Court. (ECF No. 14.) In light of the death of Plaintiff on July 22, 2021 (ECF No. 15), the Court 19 issued a minute order requiring counsel to show cause in writing why the case should not be 20 dismissed in light of the fact that no party has been substituted for Plaintiff under Federal Rule of 21 Civil Procedure 25(a)(1). (ECF No. 17.) On December 7, 2021, counsel for Plaintiff filed a notice 22 of voluntary dismissal. (ECF No. 18.) In light of Plaintiff’s notice of dismissal, this action has been 23 terminated, Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose,

(9th Cir. 24 1997), and has been dismissed without prejudice and without an award of costs or attorneys’ fees. 25 /// 26 /// 27 /// Accordingly, the Clerk of the Court is HEREBY DIRECTED to assign a district judge to 1 | this case for the purpose of closing the case and then to adjust the docket to reflect voluntary 2 | dismissal of this action pursuant to Rule 41(a). IT IS FURTHER ORDERED that the findings and 3 | recommendations (ECF No. 12) are VACATED. 4 5 IS SO ORDERED. FA. ee 6 Pated: _ December 8, 2021

UNITED STATES MAGISTRATE JUDGE

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