Palmer v. Iosefa et al

Filing 60

ORDER Directing the Clerk to Terminate Defendants California Highway Patrol Officer Crewse (Crelose) and California Highway Patrol Officer McConnell signed by Magistrate Judge Sheila K. Oberto on 5/21/18. Officers Crewse (Crelose) and McConnell Terminated. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERT PALMER,

12
13
14
15

No. 1:16-cv-00787-SKO

Plaintiff,
v.
CALIFORNIA HIGHWAY PATROL
OFFICER IOSEFA, et al.,

ORDER DIRECTING THE CLERK TO
TERMINATE DEFENDANTS CALIFORNIA
HIGHWAY PATROL OFFICER CREWSE
AND CALIFORNIA HIGHWAY PATROL
OFFICER McCONNELL

Defendants.

16

(Doc. 59)

17
18

On May 18, 2018, Plaintiff filed a Stipulation of Dismissal of Defendants California

19

Highway Patrol Officer Crewse (erroneously named as “Crelose”) and California Highway Patrol

20

Officer McConnell with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A).

21

(Doc. 59.)

22

In relevant part, Rule 41(a)(1)(A) provides as follows:

23

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
summary judgment; or (ii) a stipulation of dismissal signed by all parties who
have appeared.

26

Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or

27

all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the

24

28

1

action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111

2

F.3d 688, 692 (9th Cir. 1997).

3

Because Plaintiff filed a stipulation of dismissal with prejudice under Rule 41(a)(1)(A)(i),

4

this case has automatically terminated as to Defendants California Highway Patrol Officer

5

Crewse and California Highway Patrol Officer McConnell.

6

Accordingly, the Clerk of the Court is directed to TERMINATE Defendants California Highway

7

Patrol Officer Crewse (erroneously named as “Crelose”) and California Highway Patrol Officer

8

McConnell.
This case shall remain OPEN pending resolution of Plaintiff’s case against the remaining

9
10

Fed. R. Civ. P. 41(a)(1)(A).

defendant.

11
12
13

IT IS SO ORDERED.
Dated:

May 21, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.