Doe v. Rodriguez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JANE DOE, Case No. 1:22-cv-01569-JLT-SAB 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE THE STATE OF 13 v. CALIFORNIA AND CALIFORNIA DEPARTMENT OF CORRECTIONS AND 14 GREG RODRIGUEZ, et al., REHABILITATION AS DEFENDANTS IN THIS ACTION 15 Defendants. (ECF No. 27) 16 17 Plaintiff initiated this action on December 5, 2022. (ECF No. 1.) On March 7, 2023, the 18 parties filed a stipulated notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a) of 19 Defendants State of California and California Department of Corrections and Rehabilitation. 20 (ECF No. 27.) The dismissal of these Defendants is without prejudice and with each party to 21 bear their own costs and fees. (Id.) The claims against the other named Defendants are not 22 subject to the stipulation and will remain active. (Id.) 23 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all 24 of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 25 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The 26 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through 27 a Rule 41(a)(1) notice.”)); 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 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 Defendants State of 5 | California, and California Department of Corrections and Rehabilitation, from this action. 6 7 IT IS SO ORDERED. DAA (e_ g | Dated: _March 7, 2023 _ OE 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28