Lamon v. Junious et al
Filing
119
ORDER Dismissing Defendant Cohen Pursuant to Plaintiff's Request for Voluntary Dismissal signed by District Judge Anthony W. Ishii on 02/18/2015. Cohen terminated from Action.(Flores, E)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
BARRY LOUIS LAMON,
12
13
14
Plaintiff,
v.
MAURICE JUNIOUS, et al.,
15
Defendants.
16
17
18
19
20
21
)
)
)
)
)
)
)
)
)
)
Case No.: 1:09-cv-00484-AWI-SAB (PC)
ORDER DISMISSING DEFENDANT COHEN
PURSUANT TO PLAINTIFF’S REQUEST FOR
VOLUNTARY DISMISSAL
[ECF No. 117]
Plaintiff Barry Louis Lamon is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s motion to voluntarily dismiss this action against
Defendant Cohen, filed February 5, 2015. (ECF No. 117.)
Previously, this Court granted Defendant Cohen’s motion to quash service of the summons and
22
complaint, by and through special appearance by the Office of the Attorney General. (ECF Nos. 109,
23
115.) Plaintiff was granted thirty days from December 23, 2014, to provide further information for
24
service of the summons and complaint on Defendant Doctor Cohen. (ECF No. 115.)
25
Because Defendant Cohen has not filed an answer or a motion for summary judgment, Plaintiff
26
has the absolute right to dismiss him from this action and the Court will direct the Clerk=s Office to
27
terminate him as a party. Fed. R. Civ. P. 41(a)(1)(A)(i); Pedrina v. Chun, 987 F.2d 608, 609-610 (9th
28
Cir. 1993).
1
1
Based on the foregoing, IT IS HEREBY ORDERED that:
2
1.
Defendant Cohen is DISMISSED from the action, without prejudice; and
3
2.
The Clerk of Court is directed to terminate Defendant Cohen as a party in this action.
4
5
IT IS SO ORDERED.
6
Dated: February 18, 2015
7
SENIOR DISTRICT JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?