Elmer

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHN ELMER, Case No. 1:24-cv-00871-SAB

Plaintiff, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE HINKLEY AS A

v. DEFENDANT IN THIS ACTION

HINKLEY, et al., (ECF No. 26)

Defendants.

On March 6, 2025, Plaintiff filed a notice of dismissal of Defendant Hinkley without prejudice. (ECF No. 26.) Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of the defendants in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The plaintiff may dismiss either some or all of the defendants—or some or all of his claims—through a Rule 41(a)(1) notice.”)). Defendant Hinkley has not filed an answer or a motion for summary judgment in this action. Under Rule 41(a)(1)(A)(i) a “plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing…