Medina v. Mapes ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRADLEY MEDINA, et al., Case No. 1:21-cv-00844-NONE-EPG 12 Plaintiffs, 13 v. ORDER RE: NOTICE OF DISMISSAL OF DEFENDANT UNITED STATES OF 14 COURTNEY L. MAPES, M.D., AMERICA WITHOUT PREJUDICE AND AMENDING CAPTION 15 Defendant. (ECF No. 13) 16 17 On November 17, 2021, the parties filed a stipulation to dismiss Defendant United States 18 of America.1 (ECF No. 13.) Therefore, pursuant to Plaintiff’s notice, this case is dismissed only 19 as to Defendant United States of America. See Fed. R. Civ. P. 41(a)(1)(A); Wilson v. City of San 20 Jose, 111 F.3d 688, 692 (9th Cir. 1997). In light of the dismissal, the caption is amended as set 21 forth above. 22 /// 23 /// 24 /// 25 /// 26 1 The stipulation does not state whether the dismissal was with or without prejudice. (See ECF no. 13.) “Unless the 27 notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication 28 on the merits.” Fed. R. Civ. P. 41(a)(1)(B). 1 Accordingly, the Clerk of the Court is respectfully directed to terminate only Defendant 2 | United States of America on the docket. 3 4 IT IS SO ORDERED. S| Dated: _November 18, 2021 [spe ey □□ 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28