Raimi Shoaga v. City of Stockton, et al.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAIMI SHOAGA, Case No. 2:21-cv-1954-DC-JDP (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CITY OF STOCKTON, et al., 15 Defendants. 16 17 Pending before the court is plaintiff’s notice to voluntarily dismiss this action without 18 prejudice. ECF No. 30. However, pursuant to Federal Rule of Civil Procedure 41, plaintiff 19 cannot unilaterally dismiss this action, because defendant City of Stockton has filed an answer. 20 Accordingly, on August 15, 2025, I ordered the City of Stockton and Jose Guttierrez—the two 21 appearing defendants—to file a document stipulating to dismissal without prejudice pursuant to 22 Rule 41(a)(1)(A)(ii) or to otherwise respond to plaintiff’s request for voluntary dismissal. ECF 23 No. 31. Stockton filed a document seeking dismissal with prejudice. ECF No. 32. Guttierrez did 24 not file a response, and the August 15 order was returned to the court as undeliverable. The court 25 finds that defendants will not suffer…