Anaya v. Herrington et al

Filing 108

ORDER signed by Magistrate Judge Dennis L. Beck on 8/20/2013 requiring Defendants to file opposition or statement of non-opposition to 107 MOTION to DISMISS. (Filing Deadline: 9/3/2013). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RICHARD ERNEST ANAYA,

Case No. 1:09-cv-01653 AWI DLB PC

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Plaintiff,
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v.
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HERRINGTON, et al.,
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ORDER REQUIRING DEFENDANTS TO
FILE OPPOSITION OR STATEMENT OF
NON-OPPOSITION TO PLAINTIFF’S
MOTION TO DISMISS ACTION
TEN DAY DEADLINE

Defendants.
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Plaintiff Richard Ernest Anaya is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983. Defendants have answered the complaint and
the action is currently in the discovery phase.

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On August 19, 2013, Plaintiff filed a Motion to Dismiss this action. Pursuant to Federal Rule
of Civil Procedure 41(a)(2), the dismissal would be without prejudice.

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Accordingly, IT IS HEREBY ORDERED that Defendants file an opposition or statement of
non-opposition to Plaintiff’s Motion to Dismiss within ten days of the date of service of this order.

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IT IS SO ORDERED.
Dated:

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/s/ Dennis

August 20, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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