Richard Bernier, III v. Walker ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 RICHARD CHARLES BERNIER, III; Case No. 1:18-CV-01131-JLT-SKO NADEZHDA USTINENKOV, 8 Plaintiffs, ORDER DIRECTING THE CLERK TO 9 TERMINATE DEFENDANTS ANTHONY v. RODRIGUEZ AND KEVIN JONES 10 FRESNO POLICE OFFICER ANTHONY (Doc. 106) 11 RODRIGUEZ; FRESNO POLICE OFFICER KEVIN JONES; FRESNO 12 COUNTY SHERIFF’S DEPUTY GARRETT MAJORS; FRESNO 13 COUNTY SHERIFF’S DEPUTY JOHN ROBINSON; FRESNO COUNTY 14 SHERIFF’S DEPUTY NATHANIEL WILKINSON; UNKNOWN FRESNO 15 COUNTY SHERIFF’S DEPARTMENT DEPUTIES; UNKNOWN FRESNO 16 POLICE OFFICERS; THE CITY OF FRESNO, CALIFORNIA; THE COUNTY 17 OF FRESNO, CALIFORNIA, 18 Defendants. 19 20 21 On May 22, 2024, the parties filed a Stipulation of Dismissal (Doc. 106) as to Defendants 22 Anthony Rodriguez and Kevin Jones with prejudice pursuant to Federal Rule of Civil Procedure 23 41(a). 24 In relevant part, Rule 41(a)(1)(A) provides as follows: 25 [A] plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for 26 summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared. 27 28 Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or 1 all of [their] claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates 2 the action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 3 111 F.3d 688, 692 (9th Cir. 1997). 4 Because the parties filed a stipulation of dismissal with prejudice under Rule 41(a), this 5 case has automatically terminated as to Defendants Anthony Rodriguez and Kevin Jones. Fed. R. 6 Civ. P. 41(a)(1)(A). Accordingly, the Clerk of Court is directed to TERMINATE Defendants 7 Anthony Rodriguez and Kevin Jones. 8 This case shall remain OPEN pending resolution of Plaintiffs’ case against the remaining 9 defendants. 10 IT IS SO ORDERED. 11 12 Dated: May 23, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28