Terance Frazier v. City of Fresno

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TERRANCE FRAZIER, et al., Case No. 1:20-cv-01069-ADA-SAB

Plaintiffs, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE LISA

v. SMITTCMAP AS DEFENDANT IN THIS

ACTION

CITY OF FRESNO, et al., (ECF No. 68) Defendants.

16 On April 26, 2023, Plaintiffs filed a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a) as to the dismissal of Defendant Lisa Smittcmap. (ECF No. 68.) The dismissal of this Defendant is with prejudice. (Id. at 1.) The claims against the other named Defendants are not subject to the notice of dismissal and will remain active. 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 some or all of the defendants—or some or all of his claims—through a Rule 41(a)(1)…