Garza

Garza v. City of Visalia

Good Law
United States District Court, Eastern District of CaliforniaFebruary 13, 20231:21-cv-01203California423 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MICHAEL GARZA, Case No. 1:21-cv-01203-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO CLOSE CASE AND ADJUST THE

v. DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) CITY OF VISALIA, et al., OF THE FEDERAL RULES OF CIVIL

PROCEDURE

Defendants. (ECF No. 31) 16 On February 10, 2023, the parties filed a stipulation of dismissal. (ECF No. 31.) In the stipulation, Plaintiff dismisses his first and second claims for relief (claims pursuant to 42 USC 1983) with prejudice; and Plaintiff dismisses his remaining claims (state claims for assault and battery, negligence, and violation of the Bane Civil Rights Act) without prejudice. Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of the defendants or claims in an action through a Rule 41(a) notice. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“The plaintiff may dismiss…

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