Handian v. Shepard ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 HAROUT HANDIAN, Case No. 1:22-cv-01269-ADA-EPG 9 Plaintiff, ORDER RE: NOTICE OF VOLUNTARY 10 DISMISSAL OF DEFENDANT SUSAN v. WARD TARNER ONLY 11 12 | MARK SCOTT SHEPARD., et al., (ECF Nos. 25, 26) 13 Defendants. 14 15 On April 18, 2023, Plaintiff filed a notice of voluntary dismissal without prejudice as to 16 Defendant Susan Ward Tarner only.! (ECF Nos. 25, 26). Defendant Susan Ward Tarner has not 7 filed either an answer or a motion for summary judgment. Accordingly, in light of the notice, 18 the case against Defendant Susan Ward Tarner has ended and is dismissed without prejudice. 19 See Fed. R. Civ. P. 41(a)(1)(A)G); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 20 1997). Accordingly, the Clerk of Court is respectfully directed to terminate Defendant Susan Ward Tarner as a defendant on the docket. And in light of the dismissal, the May 3, 2023 deadline to move for a default judgment against Defendant Susan Ward Tarner is vacated. 22 (ECF No. 24). 23 IT IS SO ORDERED. 24 Dated: _ April 19, 2023 [spe ey —— 25 UNITED STATES MAGISTRATE JUDGE 26 27 ' Plaintiff filed two materially similar notices on the same day, but changing the caption and proof of 28 | service section on the latter filing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27