Kelly
Kelly v. City of Poway
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KEVIN T. KELLY, Case No.: 18cv2615-JO-DEB Plaintiff,
13 v.
ORDER GRANTING PLAINTIFF’S
REQUEST FOR VOLUNTARY
CITY OF POWAY, a municipal DISMISSAL corporation, 16 Defendant. 17 18 19 20 Pro se Plaintiff Kevin T. Kelly1 moved to voluntarily dismiss his three remaining claims under either Federal Rule of Civil Procedure 15 or Federal Rule of Civil Procedure 41, and requested that the Court enter judgment as to all claims under Federal Rule of Civil Procedure 58. Dkt. 64. For the reasons stated below, the Court grants the motion. 25 26 27 28 I. DISCUSSION On May 13, 2022, the Court granted in part and denied in part Defendant’s motion to dismiss Plaintiff’s third amended complaint. Dkt. 59. In its order, the Court granted Defendant’s motion to dismiss but found that three of Plaintiff’s claims survived: (1) Claim 6 regarding Defendant’s failure to obtain “Waste Discharge Requirements” for…