Opinion
1:17-cv-00906-ADA-SKO
01-20-2023
COLEMAN PAYNE, Plaintiff, v. COUNTY OF CALAVERAS, et al., Defendants.
ORDER DIRECTING THE CLERK TO TERMINATE DEFENDANTS COUNTY OF CALAVERAS, COUNTY OF CALAVERAS SHERIFF'S OFFICE, SARGENT JOHN BAILEY, CAPTAIN EDDIE BALLARD, AND LIEUTENANT TIM STRUM (DOC. 148)
SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE
On January 20, 2023, the parties filed a Stipulation of Dismissal of Defendants COUNTY OF CALAVERAS, COUNTY OF CALAVERAS SHERIFF'S OFFICE, SARGENT JOHN BAILEY, CAPTAIN EDDIE BALLARD, and LIEUTENANT TIM STRUM, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). (Doc. 148.)
In relevant part, Rule 41(a)(1)(A) provides as follows:
[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 summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared.Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the action as to the defendants who are the subj ects of the notice.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
Because the parties filed a stipulation of dismissal with prejudice under Rule 41(a)(1)(A)(ii), this case has automatically terminated as to Defendants COUNTY OF CALAVERAS, COUNTY OF CALAVERAS SHERIFF'S OFFICE, SARGENT JOHN BAILEY, CAPTAIN EDDIE BALLARD, and LIEUTENANT TIM STRUM. Fed.R.Civ.P. 41(a)(1)(A). Accordingly, the Clerk of the Court is directed to TERMINATE Defendants COUNTY OF CALAVERAS, COUNTY OF CALAVERAS SHERIFF'S OFFICE, SARGENT JOHN BAILEY, CAPTAIN EDDIE BALLARD, and LIEUTENANT TIM STRUM.
This case shall remain OPEN pending resolution of Plaintiff's case against the remaining defendants.
IT IS SO ORDERED.