Player v. Adams et al

Filing 76

ORDER signed by District Judge Lawrence J. O'Neill on 2/29/2012 DISMISSING CASE without prejudice pursuant to Plaintiff's oral motion. CASE CLOSED.(Lundstrom, T)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 LAVELLE TYRONE PLAYER, 9 Plaintiff, 10 11 CASE NO. 1:07-CV-01312-LJO-DLB PC ORDER DISMISSING ACTION WITHOUT PREJUDICE PURSUANT TO PLAINTIFF’S ORAL MOTION v. B. JOHNSON, 12 Defendant. 13 / 14 15 Plaintiff Lavelle Tyrone Player (“Plaintiff”) is a prisoner in the custody of the California 16 Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se in this civil rights 17 action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s second amended 18 complaint against Defendant B. Johnson for excessive force in violation of Eighth Amendment. 19 On February 29, 2012, a pretrial telephonic conference was held in this matter. Plaintiff 20 made an oral motion to dismiss this action, on the record, without prejudice. Defendant did not 21 oppose the motion. Pursuant to the motion, it is HEREBY ORDERED that this action is 22 dismissed without prejudice. The parties are to bear their own costs. 23 IT IS SO ORDERED. 24 Dated: b9ed48 February 29, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 25 26 27 28 1

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