Fratus v. California Department of Corrections, et al.

Filing 78

ORDER Dismissing Injunctive Relief Claim and Defendant Beard re 74 , signed by District Judge Lawrence J. O'Neill on 10/26/15. Beard Terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN FRATUS,
Plaintiff,

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v.

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CALIFORNIA DEPT. OF
CORRECTIONS, et al.,

Case No. 1:12-cv-00906-LJO-SKO (PC)
ORDER DISMISSING INJUNCTIVE
RELIEF CLAIM AND DEFENDANT
BEARD
(Doc. 74)

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Defendants.
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_____________________________________/
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Plaintiff John Fratus, a state prisoner proceeding pro se and in forma pauperis, filed this

18 civil rights action pursuant to 42 U.S.C. § 1983 on June 4, 2012. This action is proceeding on
19 Plaintiff’s second amended complaint against Defendants Callow and Beard for violation of
20 Plaintiff’s Fourteenth Amendment right to procedural due process.
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On October 14, 2015, Plaintiff filed a request for dismissal of his claim for injunctive relief

22 and Defendant Beard, who is named only in his official capacity. Hartmann v. California Dep’t of
23 Corr. & Rehab., 707 F.3d 1114, 1127 (9th Cir. 2013).

Defendants filed a notice of non-

24 opposition, in compliance with the Court’s order filed on October 16, 2015.
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Accordingly, Plaintiff’s injunctive relief claim and Defendant Beard are HEREBY

2 DISMISSED from this action. Fed. R. Civ. P. 41(a)(2).
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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

October 26, 2015

UNITED STATES DISTRICT JUDGE
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