Harbridge v. Yates et al

Filing 91

ORDER DISMISSING Defendant W.R. Williams signed by District Judge Anthony W. Ishii on 6/27/2014. W. R. Williams terminated. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER HARBRIDGE,
Plaintiff,

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Case No. 1:10-cv-00473-AWI-JLT (PC)
ORDER DISMISSING
DEFENDANT W.R. WILLIAMS

v.
(Doc. 87)

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HICKMAN, et al.,
Defendants.

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_____________________________________/
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Plaintiff, Christopher Harbridge, filed this civil rights action pursuant to 42 U.S.C. § 1983

18 and California law on March 16, 2010. Service of summons was ordered on all of the Defendants
19 in this action and efforts by the U.S. Marshal Service began on March 5, 2013. (Doc. 33.)
20 Defendants filed a statement noting the death of Defendant W.R. William on March 13, 2014.
21 (Doc. 59.) An unexecuted waiver of service as to Defendant W.R. Williams was filed on May 19,
22 2014. (Docs. 59, 77.) On May 21, 2014, an order issued directing Plaintiff to make the
23 substitution and provide service information for the marshal to locate the party for service of
24 Plaintiff's complaint as to his claims against Defendant W.R. Williams. (Doc. 81.)
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On June 6, 2014, Plaintiff filed a notice of voluntary dismissal of Defendant W.R.

26 Williams (Doc. 87). Fed. R. Civ. P. 41(a)(1)(A)(i); Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir.
27 1993). Because Defendant W.R. Williams has not appeared in this action, Plaintiff has the
28 absolute right to dismiss him from this action and the Court will direct the Clerks Office to

1 terminate him as a party. Fed. R. Civ. P. 41(a)(1)(A)(i); Pedrina, 987 F.2d at 609-10.
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Accordingly, it is HEREBY ORDERED, that Defendant W.R. Williams is dismissed and

3 the Clerk's Office is directed to terminate Defendant W.R. Williams from this action.
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IT IS SO ORDERED.

7 Dated: June 27, 2014

SENIOR DISTRICT JUDGE

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