Lucas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMI LUCAS, et al., Case No. 1:18-cv-01488-DAD-EPG Plaintiff, ORDER REGARDING STIPULATION TO

DISMISS PLAINTIFFS’ MONELL CLAIM

v. PREMISED UPON ALLEGED CUSTOM OF

UNSAFE FIREARM HANDLING

COUNTY OF FRESNO, (ECF No. 64) Defendant. 16 On December 22, 2021, the parties filed a stipulation to dismiss “Plaintiffs’ Monell claim premised upon the alleged custom of unsafe firearm handling with prejudice pursuant to Rule 41(a)(1)(ii), of the Federal Rules of Civil Procedure.” (ECF No. 64.) Federal Rule of Civil Procedure 41(a)(1) “does not allow for piecemeal dismissals” and “withdrawals of individual claims against a given defendant are governed by [Federal Rule of Civiil Procedure] 15, which addresses amendments to pleadings.” Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005) (citation omitted). As the Ninth Circuit has 23 explained:

[A] plaintiff may not use Rule 41(a)(1)(i) to dismiss,…