Garcia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 10 PATRICK GARCIA, Case No. 1:18-cv-01493-SAB Plaintiff, ORDER RE STIPULATION FOR

VOLUNTARY DISMISSAL WITH

13 y. PREJUDICE OF PLAINTIFF’S FIFTH AND

SIXTH CAUSES OF ACTION

14 PRAXAIR, INC., (ECF No. 34) I5 Defendant. 16 Patrick Garcia (“Plaintiff”) filed a complaint in this action on October 29, 2018. On April 2, 18 || 2020, a stipulation to dismiss the fifth and sixth causes of action pursuant to Fed. R. Civ. P. 19 || 41(a)(1)(A)Cii) was filed. The Ninth Circuit has held that Federal Rule of Civil Procedure 41(a)(1) cannot be used to 21 || dismiss individual claims against defendants, and that Rule 15 is the proper mechanism to do so. 22 || See Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005) (“In the 23 || specific context of Rule 41(a)(1), we have held that the Rule does not allow …