United States District Court, E.D. California
KEVIN E. FIELDS, Plaintiff,
P. PATTERSON, et al., Defendants.
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS CLAIMS PURSUANT TO
RULE 41 (Doc. 48.)
ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS AGAINST DEFENDANTS MOLINA AND FINLEY FROM THIS ACTION, WITH PREJUDICE
ORDER DISMISSING PLAINTIFF'S RETALIATION CLAIMS AGAINST DEFENDANTS PATTERSON AND MOLINA, WITH PREJUDICE
ORDER DISMISSING DEFENDANTS FINLEY AND MOLINA FROM THIS ACTION
ORDER FOR THIS ACTION TO PROCEED ONLY AGAINST DEFENDANT PATTERSON FOR USE OF EXCESSIVE FORCE
ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND AS MOOT (Doc. 42.)
LAWRENCE J. O'NEILL, District Judge.
Kevin E. Fields ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds on Plaintiff's First Amended Complaint filed on May 31, 2013, against defendant Correctional Officer (C/O) Patterson for use of excessive force; against defendants C/O Patterson and Sergeant Molina for retaliation; and against defendants Sergeant Molina and Lieutenant Finley for failure to comply with state law (collectively, "Defendants"). (Doc. 16.)
On November 26, 2014, Plaintiff filed a motion for leave to amend the complaint, and lodged a proposed Second Amended Complaint. (Docs. 42-44.) On December 16, 2014, Defendants filed an opposition to the motion. (Doc. 45.)
On January 29, 2015, Plaintiff filed a notice of voluntary dismissal of certain claims pursuant to Rule 41(a). (Doc. 48.) On February 10, 2015, Defendants filed a notice of non-opposition to Plaintiff's notice of voluntary dismissal. (Doc. 50.)
Now before the court are Plaintiff's motion for leave to amend and Plaintiff's notice of voluntary dismissal.
II. PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL - RULE 41
Plaintiff seeks to voluntarily dismiss his retaliation claims against defendants Patterson and Molina, and his state law claims against defendants Molina and Finley, under Rule 41(a), with prejudice. (Id.) The court construes Plaintiff's notice as a motion to dismiss under Rule 41(a)(1). Under Rule 41 of the Federal Rules of Civil Procedure, "the plaintiff may dismiss an action [against a defendant] without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or a stipulation of dismissal signed by all parties who have appeared." Fed.R.Civ.P. 41(a)(1)(A). In this case, Defendants filed an answer to the complaint on June 9, 2014, and a motion for summary judgment on September 10, 2014. (Docs. 30, 35.) Plaintiff's motion and Defendants' written consent act as a stipulation of dismissal signed by all parties who have appeared. Therefore, Plaintiff's motion to dismiss his retaliation claims against defendants Patterson and Molina and his state-law claims against defendants Molina and Finley, with prejudice, shall be granted. In addition, ...