Elmer v. Hinkley, et al.

Filing 27

ORDER DIRECTING the Clerk of the Court to Terminate Hinkley as a Defendant in this Action, signed by Magistrate Judge Stanley A. Boone on 3/6/2025. (Deputy Clerk OFR)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:24-cv-00871-SAB

JOHN ELMER,

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Plaintiff,

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v.

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HINKLEY, et al.,

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ORDER DIRECTING THE CLERK OF THE
COURT TO TERMINATE HINKLEY AS A
DEFENDANT IN THIS ACTION
(ECF No. 26)

Defendants.

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On March 6, 2025, Plaintiff filed a notice of dismissal of Defendant Hinkley without

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prejudice. (ECF No. 26.) Rule 41(a) of the Federal Rules of Civil Procedure allows a party to

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dismiss some or all of the defendants in an action through a Rule 41(a) notice. Wilson v. City of

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San Jose, 111 F.3d 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th

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Cir. 1995) (“The plaintiff may dismiss either some or all of the defendants—or some or all of his

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claims—through a Rule 41(a)(1) notice.”)).

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Defendant Hinkley has not filed an answer or a motion for summary judgment in this

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action. Under Rule 41(a)(1)(A)(i) a “plaintiff may dismiss an action without a court order by

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filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for

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summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i).

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Accordingly, the Clerk of the Court is DIRECTED to terminate Hinkley as a defendant in
this action.

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IT IS SO ORDERED.
Dated:

March 6, 2025
STANLEY A. BOONE
United States Magistrate Judge

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