Washington v. Aguirre et al

Filing 55

ORDER Requiring Parties to Clarify Stipulation of Voluntary Dismissal with Prejudice signed by Magistrate Judge Gerald B. Cohn on 10/05/2010. Response due by 10/29/2010. (Flores, E)

(PC) Washington v. Aguirre et al

Doc. 55

1 2 3 4 5 6 7 8 9 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 A. AGUIRRE, et. al., 16 Defendants. 17 18 Tracye Washington ("Plaintiff") is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. (Doc. 1.) This action was 20 filed on February 27, 2008 naming Defendants Trueworth, D. Wattree, A. Aguirre, and 21 Bascadillo. Defendants Trueworth, D. Wattree, and A. Aguirre filed an answer on April 30, 22 2010. (Doc. 40.) On September 23, 2010, a stipulation for voluntary dismissal was filed by 23 Defendants Trueworth, D. Wattree, and A. Aguirre. (Doc. 53.) 24 As of the date of filing of the stipulation to dismiss, Defendant Bascadillo had not been 25 served with process and he is not represented by Trueworth, Wattree, and Aguirre's counsel. 26 (Doc. 48.) It is unclear if the parties are seeking dismissal of the entire action or dismissal as to 27 Defendants Aguirre, Trueworthy, and Wattree only. 28 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT

TRACYE WASHINGTON, Plaintiff, v.

1:08-cv-00275-GBC PC ORDER REQUIRING PARTIES TO CLARIFY STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE (Doc. 53) TWENTY-DAY DEADLINE /

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 612e7d

Accordingly, the parties are HEREBY ORDERED to notify the Court within twenty (20) days whether they intend to dismiss the case in its entirety or only dismiss Defendants Aguirre, Trueworthy, and Wattree. The failure to respond to this order will result in dismissal of this action in its entirety, with prejudice. IT IS SO ORDERED. October 5, 2010 UNITED STATES MAGISTRATE JUDGE

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