IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 6, 2009
RYAN A. BARNES, PLAINTIFF,
SHERIFF JIM DENNEY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
On June 1, 2009, defendant County of Sutter Board of Supervisors moved for its dismissal from the second amended complaint, pursuant to Fed. R. Civ. P. 12(b)(6). Thereafter, counsel for the parties stipulated to the Board's voluntary dismissal, without prejudice, by filing dated June 26, 2009, pursuant to Fed. R. Civ. P. 41(a).
Accordingly, IT IS ORDERED that:
1. The Clerk of Court shall note in the docket of this case, pursuant to the stipulation of voluntary dismissal without prejudice, filed on June 26, 2009 (docket # 65), that the County of Sutter Board of Supervisors is no longer a defendant in this action; and
2. The motion to dismiss, filed on June 1, 2009 (docket # 64), is hereby vacated as moot.
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