Terance Frazier v. City of Fresno ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TERRANCE FRAZIER, et al., Case No. 1:20-cv-01069-ADA-SAB 12 Plaintiffs, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE LISA 13 v. SMITTCMAP AS DEFENDANT IN THIS ACTION 14 CITY OF FRESNO, et al., (ECF No. 68) 15 Defendants. 16 17 On April 26, 2023, Plaintiffs filed a notice of dismissal pursuant to Federal Rule of Civil 18 Procedure 41(a) as to the dismissal of Defendant Lisa Smittcmap. (ECF No. 68.) The dismissal 19 of this Defendant is with prejudice. (Id. at 1.) The claims against the other named Defendants 20 are not subject to the notice of dismissal and will remain active. 21 Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of 22 the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 23 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The 24 plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through 25 a Rule 41(a)(1) notice.”)); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 26 (9th Cir. 2005) (The Ninth Circuit has “only extended the rule to allow the dismissal of all claims 27 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 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Lisa Smittcamp 3 | as defendant in this action. 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ April 27, 2023 " UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28