Willform v. City of Ceres ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY WILLFORM, et al., Case No. 1:20-cv-00989-DAD-SAB 11 Plaintiffs, ORDER DIRECTING THE CLERK OF THE 12 COURT TO TERMINATE COEY HENSON v. AS A PARTY IN THIS ACTION 13 CITY OF CERES, et al., (ECF No. 9) 14 Defendants. 15 16 17 On August 12, 2020, Plaintiffs filed a notice of dismissal of Defendant Coey Henson 18 pursuant to Federal Rule of Civil Procedure 41(a). Rule 41(a) of the Federal Rules of Civil 19 Procedure allows a party to dismiss some or all of the defendants in an action through a Rule 20 41(a) notice. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Here, no defendant 21 has filed an answer or motion for summary judgment. 22 “The plaintiff may dismiss either some or all of the defendants—or some or all of his 23 claims—through a Rule 41(a)(1) notice.” Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) 24 (citing Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993).) “The plaintiff may dismiss either 25 some or all of the defendants—or some or all of his claims—through a Rule 41(a)(1) notice.” 26 Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (citing Pedrina v. Chun, 987 F.2d 608, 27 609 (9th Cir. 1993)); but see Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims □□□ 4: MALE SAR MUO, to PI OP OY oe 1 | against one defendant, so that a defendant may be dismissed from the entire action.”). “Filing a 2 notice of voluntary dismissal with the court automatically terminates the action as to the 3 | defendants who are the subjects of the notice.” Concha, 62 F.3d at 1506. 4 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Coey Henson 5 | as a defendant in this action. 6 7 IT IS SO ORDERED. FA. Se g | Dated: _ August 12, 2020 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28