Wiseman v. Herrera et al

Filing 47

ORDER DISMISSING DEFENDANTS C. HERRERA AND D. NELSON WITH PREJUDICE AND DEEMING THEIR MOTION FOR SUMMARY JUDGMENT WITHDRAWN re 37 , 41 , 42 , 45 signed by District Judge Anthony W. Ishii on 2/10/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHESTER RAY WISEMAN,
Plaintiff,

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v.
C. HERRERA, et al.,

1:12-cv-01730-AWI-JLT (PC)
ORDER DISMISSING DEFENDANTS C.
HERRERA AND D. NELSON WITH
PREJUDICE AND DEEMING THEIR MOTION
FOR SUMMARY JUDGMENT WITHDRAWN
(Docs. 37, 41, 42, 45)

Defendants.

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Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. §
1983. On December 19, 2014, Defendants C. Herrera and D. Nelson filed a motion for summary
judgment based on Plaintiff's failure to exhaust administrative remedies on his claims against
them before filing suit. (Doc. 37.) Subsequently, Plaintiff filed a notice of voluntary dismissal
with prejudice as to Defendants C. Herrera and D. Nelson. (Doc. 42.) Defendants C. Herrera and
D. Nelson filed a statement of non-opposition and indicated that, if Plaintiff's request to dismiss
them is granted they withdraw their motion for summary judgment. (Doc. 45.)
Good cause having been presented to the court and GOOD CAUSE APPEARING
THEREFOR, IT IS HEREBY ORDERED that:
(1)

Defendants C. Herrera and D. Nelson are DISMISSED from this action with

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prejudice;
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(2)

the motion for summary judgment filed by Defendants C. Herrera and D. Nelson

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on December 19, 2014 (Doc. 37), is deemed WITHDRAWN;
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(3)

summary judgment is disregarded as moot; and

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Plaintiff's motion for an extension of time to file his opposition to the motion for

(4)

this action proceeds against Defendants R. Godinez, A. Martinez, and B. Martinez.

IT IS SO ORDERED.

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Dated: February 10, 2015
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SENIOR DISTRICT JUDGE

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