Rhodes

Rhodes v. City Of Fresno

Good Law
United States District Court, Eastern District of CaliforniaAugust 8, 20191:18-cv-00013California523 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

PERCY LEE RHODES, ) Case No. 1:18-cv-00013-SKO ) Plaintiff, ) ) ORDER DENYING PLAINTIFF’S MOTION TO v. ) REOPEN THE CASE

CITY OF FRESNO, et al., ) ) (Doc. 27) Defendants. ) ) )

17 Plaintiff Percy Lee Rhodes, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 in Fresno County Superior Court on October 5, 2016. (Doc. 1 at 5–43.) Defendants removed the case to this Court on December 29, 2017. (Doc. 1.) On September 4, 2018, Plaintiff filed a “Stipulation of Dismissal Without Prejudice as to the Defendants by Percy Lee Rhodes” (the “Stipulation”) seeking to dismiss this case without prejudice pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii). (Doc. 23.) Although the Stipulation stated Defendants “agree and stipulate” to dismiss the case, the Stipulation was only signed by Plaintiff and not signed by “all parties who have…

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