DeBerry v. Mayberg et al

Filing 54

ORDER DISMISSING CASE signed by Chief Judge B. Lynn Winmill on 03/03/2014. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION WAYNE P. DeBERRY, Case No. 1:07-cv-00850-BLW Plaintiff, ORDER v. AUDREY KING and JACK CARTER, Defendants. This case was recently severed from the consolidated case of Allen v. King, 1:06cv-01801-BLW-LMB, and reopened (as were the individual cases of all remaining Plaintiffs). Plaintiff Wayne P. DeBerry has been adjudicated a sexually violent predator under California’s Sexually Violent Predator Act (SVPA), Cal. Welf. & Inst. Code § 6600 et seq., and has been civilly committed to Coalinga State Hospital (CSH). In this action, Plaintiff challenges the conditions of his commitment. In the Court’s August 1, 2013 Memorandum Decision and Order, the Court allowed Plaintiff to proceed only on his claims that (1) he is forced to wear soiled and unsanitary clothing, and (2) he is kept awake at night by the Public Address (PA) system used at CSH. (See Dkt. 47.) Plaintiff has now filed a Motion for Voluntary Dismissal of these claims, which the Court will grant. Because there are no claims remaining in this action, Plaintiff’s ORDER - 1 Amended Complaint will be dismissed with prejudice. ORDER IT IS ORDERED: 1. Plaintiff’s Motion for Voluntary Dismissal of Claims in Regards to the Public Address System and Laundry Complaints (Dkt. 53) is GRANTED. 2. This case is DISMISSED with prejudice. DATED: March 3, 2014 Honorable B. Lynn Winmill Chief U. S. District Judge ORDER - 2

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