Medina v. Mapes

Opinion

BRADLEY MEDINA, et al., Case No. 1:21-cv-00844-NONE-EPG Plaintiffs, v. ORDER RE: NOTICE OF DISMISSAL OF DEFENDANT UNITED STATES OF COURTNEY L. MAPES, M.D., AMERICA WITHOUT PREJUDICE AND AMENDING CAPTION Defendant. (ECF No. 13) On November 17, 2021, the parties filed a stipulation to dismiss Defendant United States of America.1 (ECF No. 13.) Therefore, pursuant to Plaintiff’s notice, this case is dismissed only as to Defendant United States of America. See Fed. R. Civ. P. 41(a)(1)(A); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). In light of the dismissal, the caption is amended as set forth above. /// /// /// /// 1 The stipulation does not state whether the dismissal was with or without prejudice. (See ECF no. 13.) “Unless the 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 on the merits.” Fed. R. Civ. P. 41(a)(1)(B). Accordingly, the Clerk of the Court is respectfully directed to terminate only Defendant United States of America on the docket. S| Dated: _November 18, 2021 [spe ey □□ UNITED STATES MAGISTRATE JUDGE