1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 COLEMAN PAYNE, No. 1:17-cv-00906-ADA-SKO

12 Plaintiff, 13 ORDER DIRECTING THE CLERK TO v. TERMINATE DEFENDANTS JOY LYNCH 14 AND DOCTOR MARSHA MCKAY JOY LYNCH, et al., 15 (Doc. 158) 16 Defendants. 17 18 19 On August 26, 2023, the parties filed a Stipulation of Dismissal as to Defendants Joy Lynch 20 and Doctor Marsha McKay with prejudice pursuant to Federal Rule of Civil Procedure 41(a). (Doc. 21 158.) 22 In relevant part, Rule 41(a)(1)(A) provides as follows: 23 [A] plaintiff may dismiss an action without a court order by filing: (i) a notice of 24 dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have 25 appeared. 26 Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or 27 all of [their] claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates 28 1 the action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 2

(9th Cir. 1997). 3 Because the parties filed a stipulation of dismissal with prejudice under Rule 41(a), this case 4 has automatically terminated as to Defendants Joy Lynch and Doctor Marsha McKay. Fed. R. Civ.

(a)(1)(A). Accordingly, the Clerk of Court is directed to TERMINATE Defendants Joy Lynch 6 and Doctor Marsha McKay. 7 This case shall remain OPEN pending resolution of Plaintiff’s case against the remaining 8 defendant, California Forensic Medical Group. 9 IT IS SO ORDERED. 10

11 Dated: August 28, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 12

13

14

15 16 17 18 19 20 21 22 23 24 25 26 27 28