Phillip W. Dunn v. Cate et al

Filing 67

ORDER Granting 59 Motion for Summary Judgment signed by District Judge Neil V. Wake on 08/30/2010. CASE CLOSED. (Flores, E)

(PC) Phillip W. Dunn v. Cate et al

Doc. 67

1 2 3 4 5 6 7 8 9 10 11 12 Matthew Cate, et al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B e f o re the Court is Defendants' Motion for Summary Judgment (Doc. 59). Plaintiff w a s warned by order of August 6, 2010, that he must file a response by August 24, 2010, and o f the consequences of not filing a response and not presenting evidence (Doc. 61). Plaintiff d id not file a response to the motion. Rather, he filed a motion for voluntary dismissal of his a c tio n (Doc. 64), which the Court denied only because it failed to state whether the requested d is m is s a l was with or without prejudice (Doc. 66). The Court has considered the unopposed Motion for Summary Judgment (Doc. 59) and grants it on its merits. Plaintiff has no a c tio n a b le claim against Defendants, and Defendants are entitled to qualified immunity in a n y event. IT IS THEREFORE ORDERED that Defendants' Motion for Summary Judgment (D o c . 59) is granted. vs. P h illip Dunn P la in tif f , ) ) ) ) ) ) ) ) ) ) ) ) N o . CV-08-00873-NVW ORDER IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

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IT IS FURTHER ORDERED that the Clerk enter judgment in favor of Defendants a n d that Plaintiff take nothing. The Clerk shall terminate this case. D A T E D this 30 th day of August, 2010.

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