McDaniel v. Diaz ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID MCDANIEL, Case No. 1:20-cv-00856-ADA-SAB 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE STANISLAUS 13 v. COUNTY SHERIFF’S DEPARTMENT, JEFF DIRKSE, JOSE SOUSA, AND HENRY 14 RALPH DIAZ, et al., MENDEZ, AS DEFENDANTS IN THIS ACTION 15 Defendants. (ECF No. 101) 16 17 On November 22, 202,2 the Plaintiff and the to-be-dismissed Defendants filed a 18 stipulated notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a) of Defendants 19 Stanislaus County Sheriff’s Department, Jeff Dirkse, Sgt. Jose Sousa, and Henry Mendez. (ECF 20 No. 101.) The dismissal of these Defendants is with prejudice and with each party to bear their 21 own costs and fees. (Id.) The claims against the other named Defendants are not subject to the 22 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 Stanislaus 5 | County Sheriff’s Department, Jeff Dirkse, Jose Sousa, and Henry Mendez, as defendants in this 6 | action. 7 8 IT IS SO ORDERED. OF a Se 9 | Dated: _November 23, 2022 _ 0 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28