McDow

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 KENNEDY MCDOW, CASE NO. 1:21-CV-0163 AWI EPG

Plaintiff

ORDER DISMISSING MATTER

v.

SHELTER FINANCIAL SERVICES, (Doc. Nos. 26, 30, 31) LLC, et al., 10 Defendants 11 12 On September 17, 2021, Plaintiff filed a request to dismiss all parties. See Doc. No. 26. On September 21, 2021, the Magistrate Judge treated the request as brought under Rule 41(a)(1) and ordered the Clerk to give effect to the dismissal to all defendants, save for the Merced Police Department (“MPD”). See Doc. No. 28. MPD did not sign the request and had previously filed an answer, thereby preventing the Plaintiff for unilaterally and automatically dismissing MPD through a Rule 41(a)(1) dismissal. See id. On October 8, 2021, the Court acknowledged the above procedural history and construed Plaintiff’s request to be a Rule 41(a)(2) request for dismissal as to MPD without prejudice. See Doc. No. 30. The Court ordered MPD to file a response to the requested dismissal, but did inform MPD that…