Garza v. City of Visalia ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL GARZA, Case No. 1:21-cv-01203-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST THE 13 v. DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) 14 CITY OF VISALIA, et al., OF THE FEDERAL RULES OF CIVIL PROCEDURE 15 Defendants. (ECF No. 31) 16 17 On February 10, 2023, the parties filed a stipulation of dismissal. (ECF No. 31.) In the 18 stipulation, Plaintiff dismisses his first and second claims for relief (claims pursuant to 42 USC 19 1983) with prejudice; and Plaintiff dismisses his remaining claims (state claims for assault and 20 battery, negligence, and violation of the Bane Civil Rights Act) without prejudice. 21 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of 22 the defendants or claims in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 23 F.3d 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) 24 (“The plaintiff may dismiss either some or all of the defendants—or some or all of his claims— 25 through a Rule 41(a)(1) notice.”)); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 26 687 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all 27 claims against one defendant, so that a defendant may be dismissed from the entire action.”). “Filing a notice of voluntary dismissal with the court automatically terminates the action as to the 1 | defendants who are the subjects of the notice.” Concha, 62 F.3d at 1506. 2 In light of the notice of dismissal, this action has been terminated, Fed. R. Civ. P. 3 | 41(a)(1)(A)Gi); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), with Plaintiffs 4 | federal claims dismissed with prejudice and his state claims dismissed without prejudice; the 5 | dismissals are as to all Defendants, with each party to bear their own attorneys’ fees and costs. 6 Accordingly, the Clerk of the Court is HEREBY DIRECTED to close the case and adjust 7 | the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 8 9 IS SO ORDERED. OF a Se 10 Pated: _ February 13, 2023 □ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28