Christopher Lancaster v. USP Victorville

Filing 46

MINUTE (IN CHAMBERS): PLAINTIFF'S VOLUNTARY DISMISSAL OF CASE NUMBER EDCV 17-0012 by Judge John A. Kronstadt. Case no. EDCV 17-0012-JAK (AGR) is DISMISSED without prejudice. Defendants' motion to dismiss in the same case is DENIED without prejudice AS MOOT. (see order for details) Case Terminated. Made JS-6. (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Title

EDCV 17-0012-JAK (AGR)
EDCV 17-0013-JAK (AGR)

Date
June 8, 2018

Christopher Lancaster v. USP Victorville, et al.
Christopher Lancaster v. Lt. Gabby, et al.

Present: The
Honorable

John A. Kronstadt, United States District Judge

Andrea Keifer

n/a

n/a

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendants:

None

None

Proceedings:

In Chambers: PLAINTIFF’S VOLUNTARY DISMISSAL OF CASE
NUMBER EDCV 17-0012

On January 5, 2017, Plaintiff, a federal inmate, commenced these two civil rights cases.
His factual allegations in both complaints are essentially identical. What differs are the rosters
of defendants. In the first-filed case, he names USP Victorville and the United States. In the
second-filed case, he names dozens of individual prison staff.
On March 3, 2018, Defendants in the first-filed case filed their pending motion to
dismiss. (Dkt. No. 39 in -0012 case.)
Now before the Court is a letter filed by Plaintiff on May 29, 2018. The body of the
letter, in its entirety, states: “I’m asking the Court to withdraw the Tort Claim civil complaint
case no. 5:17-cv-12 in favor [of] the Bivens Complaint 5:17-cv-13. [¶] So Plaintiff would like
the Court to continue with Bivens Complaint case no. 5:17-cv-13 & withdraw Tort case no.
5:17-cv-12[.]” (Id., Dkt. No. 44.)
IT IS ORDERED that:
1.

the May 29, 2018 filing is construed as a Notice of Voluntary Dismissal of the 0012 case pursuant to Fed. R. Civ. P. 41(a)(1)(A), for no defendant has yet served
an answer or motion for summary judgment in that case. Accordingly, case no.
EDCV 17-0012-JAK (AGR) is DISMISSED without prejudice.

2.

Defendants’ motion to dismiss in the same case is DENIED without prejudice AS
MOOT.
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

ak
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