Paul Roberts v. California Department of Corrections and Rehabilitation et al

Filing 34

ORDER (1) DISMISSING FIRST AMENDED COMPLAINT WITHOUT PREJUDICE AS TO THREE DEFENDANTS; (2) DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND AS TO EIGHT REMAINING DEFENDANTS; AND (3) DENYING FOUR MOVING DEFENDANTS MOTION TO DISMISS AS MOOT. The First Amended Complaint as against the Remaining Defendants is dismissed with leave to amend. If plaintiff intends to pursue this matter, he shall file a Second Amended Complaint within twenty (20) days of the date of this Order which cures the pleading defects set forth herein. The Motion to Dismiss 20 is moot and is denied as such without prejudice. SEE ORDER FOR COMPLETE DETAILS. (Attachments: # 1 Complaint Form, # 2 Dismissal Form) (dml)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

PAUL ROBERTS,

5:16-cv-01929-CJC-JC
Plaintiff(s),

v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION, et al.,
Defendant(s).

NOTICE OF DISMISSAL PURSUANT
TO FEDERAL RULES OF CIVIL
PROCEDURE 41(a) or (c)

PLEASE TAKE NOTICE: (Check one)

✔
G This action is dismissed by the Plaintiff(s) in its entirety.
G The Counterclaim brought by Claimant(s)
dismissed by Claimant(s) in its entirety.

is

G The Cross-Claim brought by Claimants(s)
dismissed by the Claimant(s) in its entirety.

is

G The Third-party Claim brought by Claimant(s)
dismissed by the Claimant(s) in its entirety.

is

G ONLY Defendant(s)
is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim
brought by

.

The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).

Date

Signature of Attorney/Party

NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for
summary judgment, whichever first occurs.
F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive
pleading or prior to the beginning of trial.

CV-09 (03/10)

NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)