Kareem Stansbury v. United States Government et al

Filing 60

ORDER REQUIRING Defendants to File Opposition OR Statement of Non-Opposition to Plaintiff's Motion for Voluntary Dismissal Without Prejudice 59 FIFTEEN DAY DEADLINE, signed by Magistrate Judge Sheila K. Oberto on 3/1/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KAREEM STANSBURY,

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CASE NO. 1:09-cv-00549-SKO PC

Plaintiff,

ORDER REQUIRING DEFENDANTS TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO PLAINTIFF’S MOTION FOR
VOLUNTARY DISMISSAL WITHOUT
PREJUDICE

v.
UNITED STATES
GOVERNMENT, et al.,

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(Doc. 59)
Defendants.

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FIFTEEN DAY DEADLINE
/

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Plaintiff Kareem Stansbury, a former federal prisoner proceeding pro se and in forma

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pauperis, filed this civil action on March 24, 2009, pursuant to Bivens v. Six Unknown Named

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Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation

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of civil rights by federal actors. This action is proceeding on Plaintiff’s second amended complaint,

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filed on February 28, 2011, against Defendant Lehman for excessive force in violation of the Eighth

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Amendment, and against Defendant Miller for retaliation in violation of the First Amendment.

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Plaintiff’s claims arise from events which occurred in 2008 while he was incarcerated at United

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States Penitentiary-Atwater (USP-Atwater) in Atwater, California.

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Pursuant to the scheduling order filed on May 14, 2012, the deadline for filing pretrial

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dispositive motions is March 25, 2013. On February 28, 2013, Plaintiff filed a motion seeking

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voluntary dismissal of this action, without prejudice.

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At this juncture in the proceedings, dismissal must be pursuant to stipulation between the

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parties or a court order and at this late stage, dismissal is generally with prejudice. Fed. R. Civ. P.

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41(a). However, it is certainly within Defendants discretion to agree to a dismissal without

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prejudice.
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Accordingly, the Court HEREBY ORDERS as follows:

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Within fifteen (15) days from the date of service of this order, Defendants shall file
an opposition or a statement of non-opposition to Plaintiff’s motion;

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2.

If Defendants oppose a dismissal without prejudice, Plaintiff is required to file a

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reply notifying the Court of his position on a dismissal with prejudice within fifteen

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(15) days from the date of service of the opposition; and

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3.

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In the interest of avoiding any further unnecessary expenditure of government
resources, the motion deadline is vacated pending resolution of this issue.

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IT IS SO ORDERED.

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Dated:
i0d3h8

March 1, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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