(PC) Calderon v. Gamboa

Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 | JOSE GUADALUPE CALDERON, Case No. 1:19-cv-00167-AWILEPG (PC) 10 Plaintiff, ORDER DIRECTING THE CLERK OF J COURT TO CLOSE THE CASE (ECF NO. 22) 12 | LAWRENCE GAMBOA, et al., 13 Defendants. 14 15 On November 20, 2019, Plaintiff filed what the Court construes as a notice stating that 16 | Plaintiff voluntarily dismissed this action without prejudice pursuant to Federal Rule of Civil 17 | Procedure 41(a). (ECF No. 22). Therefore, this action has been terminated.! Fed. R. Civ. P. 18 | 41(aj(1)(A)Q); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the 19 | Clerk of Court is DIRECTED to terminate all pending motions and deadlines and close this case. 20 IT IS SO ORDERED.

22 | Dated: _ November 21, 2019 [spe ey 3 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 | “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 28 | operates as an adjudication on the merits.” Fed. R. Civ. P. 41(a)(1)(B).