Arvizu

Arvizu v. City of Fresno

Good Law
United States District Court, Eastern District of CaliforniaJanuary 9, 20241:21-cv-00890California418 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JORGE ARVIZU, individually and as No. 1:21-cv-00890-NODJ-SKO successor-in-interest to KRYSTAL LEE ARVIZU aka KRYSTAL LEE CHURCH,

Plaintiff, ORDER GRANTING LEAVE TO AMEND v. (Doc. 33) CITY OF FRESNO, a Municipal entity; FRANCIS HAMMON, an individual; ANTHONY ALVARADO, an individual; and DOES 1-5, inclusive, 17 Defendants. 19 On January 8, 2024, the parties filed a stipulation (Doc. 33), presumably pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), to dismiss Plaintiff's second cause of action for municipal liability under Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978) without prejudice. (Doc. 33). However, Rule 41 does not permit dismissal of part of the claims against a party. United States v. Hill, No. 2:17-CV-608-MCE-EFB, 2020 WL 5502327, at *2 (E.D. Cal. Sept. 11, 2020), report and recommendation adopted, No. 2:17-CV-00608 MCE EFB, 2020 WL 6158232 (E.D. Cal. Oct. 21, 2020)…

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