Opinion
No. C 11-01569 WHA
11-18-2011
ARTHUR MCCOY, Plaintiff, v. ALAMEDA COUNTY, a municipal corporation; B. BARKER; ERICH D. MARAPAO; N. GONZALGO; STUART BARNES; and DOES 1-25, inclusive, Defendants.
NOTICE REGARDING
DISMISSAL OF CLAIMS
The parties filed a stipulation to dismiss under FRCP 41(A)(1) claims 6 (negligence) and 7 (breach of duty to supervise, train and discipline) in plaintiff's amended complaint (Dkt. No. 29). Our court of appeals has held that a plaintiff may not use Rule 41(a)(1) to dismiss one or more but less than all of several claims. Hells Canyon Preservation Council v. U.S. Forest Service, 403 F.3d 683, 687-688 (9th Cir. 2005). "Federal Rule of Civil Procedure 15(a) is the appropriate mechanism [w]here a plaintiff desires to eliminate an issue, or one or more but less than all of several claims, but without dismissing as to any of the defendants." id. at 688. According, the purported dismissal was invalid. The parties instead should file a motion for leave to amend the complaint
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE