Mistriel v. Kern County, et al

Filing 86

ORDER DISMISSING Defendant City of Bakersfield, signed by Chief Judge Anthony W. Ishii on 3/20/2012. Plaintiff's 83 Motion to Dismiss is GRANTED. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT GLEN MISTRIEL,

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Plaintiff,
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v.
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COUNTY OF KERN et al.,
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Defendants.
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____________________________________)

1:03-cv-06922-AWI-SKO
NO. 1:11-CV-1329 AWI GSA

ORDER DISMISSING
DEFENDANT CITY OF
BAKERSFIELD
(Document #85)

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On March 15, 2012, Plaintiff filed a Motion to Dismiss Defendant City of Bakersfield.

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Defendant City of Bakersfield filed a non-opposition to Plaintiff’s motion. No other Defendant

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filed a response to Plaintiff’s motion. While Plaintiff admits in his motion that he did not serve

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a copy of it on the other Defendants, Defendants knew about Plaintiff’s motion when the Clerk of

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the Court scanned Plaintiff’s motion into the court’s CM/ECF electronic filing system.

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Because Plaintiff has filed a motion to dismiss, Defendant Bakersfield does not oppose

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the motion, and no other party has filed an opposition, the court finds that dismissal is

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appropriate under Rule 41 as to Defendant City of Bakersfield only. Therefore, IT IS HEREBY

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ORDERED that Plaintiff’s Motion to Dismiss is GRANTED and Defendant City of Bakersfield

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is DISMISSED from this case.

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IT IS SO ORDERED.

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Dated:
0m8i78

March 20, 2012
CHIEF UNITED STATES DISTRICT JUDGE