Martin v. Winett, et al

Filing 148

ORDER Requiring Defendants to File an Opposition or Statement of Non-Opposition to Plaintiff's Motion for Voluntary Dismissal 147 , signed by Magistrate Judge Barbara A. McAuliffe on 4/19/12. 10-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ERIC MARTIN,

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CASE NO. 1:04-cv–05358-LJO-BAM PC
Plaintiff,

v.

ORDER REQUIRING DEFENDANTS TO FILE
AN OPPOSITION OR STATEMENT OF NONOPPOSITION TO PLAINTIFF’S MOTION FOR
VOLUNTARY DISMISSAL

DAVID WINETT, et al.,
(ECF No. 147)

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Defendants.
/ TEN DAY DEADLINE

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Plaintiff Eric Martin (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. Following the United States Court of Appeals for the Ninth

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Circuit order affirming the grant of Defendants’ motion for summary judgment, but finding that

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Plaintiff’s Eighth Amendment claims against Defendant Winnett and Due Process claims against

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Defendants Johnson, Stainer, and Winnett had been improperly dismissed at the screening stage, this

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action is proceeding on the limited claims revived by the Ninth Circuit. On November 22, 2011,

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Defendants filed a motion for summary judgment. After being granted three extensions of time to

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file an opposition, Plaintiff filed a notice of voluntary dismissal, requesting the action be dismissed

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without prejudice.

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Accordingly, IT IS HEREBY ORDERED that, within ten days from the date of service of

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this order, Defendants shall file an opposition or statement of non-opposition to Plaintiff’s notice of

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voluntary dismissal.

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IT IS SO ORDERED.
Dated:

April 19, 2012

/s/ Barbara A. McAuliffe
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cm411

UNITED STATES MAGISTRATE JUDGE

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