Avalos v. Miranda ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 | 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 14 GABRIEL FELIX MIRANDA, et al., (ECF No. 5) 15 Defendants. 16 17 18 On April 15, 2021, Plaintiff George Avalos filed a notice of voluntary dismissal of 19 | Defendant Paul E. Franklin without prejudice. (ECF No. 5.) Defendant Franklin has not filed 209 | either an answer or a motion for summary judgment. Accordingly, in light of the notice, the 21 | case against Defendant Franklin has ended and is dismissed without prejudice. See Fed. R. Civ. 97 | P.41(a\U (A); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The Clerk of the 23 | Court is respectfully directed to designate on the docket that Defendant Franklin has been 74 | terminated from this action as of April 15, 2021. IS SO ORDERED. 25 Dated: _ April 16, 2021 [sf Sy — 37 UNITED STATES MAGISTRATE JUDGE 28