Plaintiff Richard J. Edwords, proceeding through his guardian ad litem, appeals the district court’s dismissal of some of his claims against the City of National City and various individual defendants. 1. The parties’ stipulation to dismissal of the action with prejudice, in district court, neither deprives us of jurisdiction nor constitutes a waiver of Plaintiffs right to appeal. See Or. Bureau of Labor & Indus. v. U.S. W. Commc’ns, Inc., 288 F.3d 414, 417 (9th Cir.2002) (<HOLDING>); Concha v. London, 62 F.3d 1493, 1507 (9th
holding that a plaintiffs voluntary dismissal of his claims with prejudice constituted a final order that was appealable holding that a plaintiff generally may not appeal a voluntary dismissal without prejudice because it is not an involuntary adverse judgment against him holding that this court has jurisdiction over an appeal from a stipulated voluntary dismissal with prejudice unless it was intended to settle the case holding appeal improper since the dismissal was voluntary holding a district court lost subjectmatter jurisdiction over the merits of the case when it issued an order of dismissal without prejudice