Rosenblum v. Ellis, et al

Filing 85

ORDER GRANTING Defendant's 82 Request to Withdraw Motion to Dismiss; ORDER for Clerk to Withdraw 79 Motion to Dismiss from Court Docket signed by Magistrate Judge Gary S. Austin on 5/9/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILLIP JON ROSENBLUM,

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Plaintiff,

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ORDER GRANTING DEFENDANT’S
REQUEST TO WITHDRAW MOTION TO
DISMISS
(Doc. 82.)

v.

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1:05-cv-01473-LJO-GSA-PC

C/O ELLIS, et al.,
ORDER FOR CLERK TO WITHDRAW
MOTION TO DISMISS FROM COURT
DOCKET
(Doc. 79.)

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Defendants.
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/
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I.

BACKGROUND

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Phillip Jon Rosenblum (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on

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November 21, 2005. (Doc. 1.)

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On April 12, 2011, Defendant Ellis filed a motion to dismiss this action. (Doc. 79.) On May

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9, 2011, Defendant Ellis filed a notice of withdrawal of the motion to dismiss. (Doc. 82.)

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Defendant’s request to withdraw the motion to dismiss is GRANTED; and

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2.

The Clerk is directed to withdraw Defendant’s motion to dismiss from the Court’s

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docket.

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IT IS SO ORDERED.

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Dated:
6i0kij

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May 9, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE