Toste

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

COURTHOUSE NEWS SERVICE, Case No. 1:21-cv-01790-ADA-SAB

Plaintiff, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE AMANDA

v. TOSTE AS A DEFENDANT IN THIS

ACTION

AMANDA TOSTE, et al., (ECF No. 31) Defendants.

16 On March 1, 2023, the parties filed a stipulated dismissal pursuant to Federal Rule of Civil Procedure 41(a) as to the dismissal of Defendant Amanda Toste, in her official capacity as court executive officer/clerk of the Merced County Superior Court. (ECF No. 31.) The dismissal of this Defendant is without prejudice. (Id.) The claims against the other named Defendants are not subject to the stipulation and will remain active. (Id.) Rule 41(a) of the Federal Rules of Civil Procedure allows a party to dismiss some or all of the defendants 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 either…