Kidd v. Biggs et al

Filing 52

ORDER GRANTING Plaintiff's 51 Motion to Dismiss signed by Chief Judge B. Lynn Winmill on 6/18/2010. CASE CLOSED. (Sant Agata, S)

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA F R E SN O DIVISION A LF R E D R. KIDD, ) ) P la in tiff, ) ) v. ) ) V . BIGGS, et al., ) ) D e fe n d a n ts . ) ___________________________ )

C a s e No. CV 01:06-1098 BLW MHW ORDER

P e n d in g before the Court is Plaintiff's Notice of Motion and Motion for Order U n d e r FRCP 41(a)(2) [and] Voluntary Dismissal. (Docket No. 51.) Defendants have not file d a response. When ruling on a motion to dismiss without prejudice under Rule 4 1 (a )(2 ) of the Federal Rules of Civil Procedure, the court "must determine whether the d e fe n d a n t will suffer some plain legal prejudice as a result of the dismissal." Westlands W a te r Dist. v. United States, 100 F.3d 94, 96 (9th Cir. 1996). Legal prejudice means p re ju d ic e to "some legal interest, some legal claim, [or] some legal argument." Id. at 97. Here, the Court finds no legal prejudice to Defendants from dismissal without prejudice. ORDER N O W THEREFORE IT IS HEREBY ORDERED that Plaintiff's Motion (Docket N o . 51) is GRANTED, and this cause of action is DISMISSED without prejudice. In light of this ruling, the following Motions are now DISMISSED as MOOT:

ORDER - 1

Plaintiff's Motion for Extension of Time (Docket No. 47), Defendants' Motion to Modify Sc h e d u lin g Order (Docket No. 48), and Defendants' Motion for Summary Judgment (D o c ke t No. 49).

DATED: June 18, 2010

Honorable B. Lynn Winmill Chief U. S. District Judge

ORDER - 2