Pino v. Ladd et al

Filing 22

ORDER REQUIRING DEFENDANTS TO RESPOND TO PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL re 21 signed by Magistrate Judge Dennis L. Beck on 4/16/2015. (Filing Deadline: 4/27/2015.)(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID PINO,

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Plaintiff,

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v.
LADD, et el.,

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Defendants.

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Case No.: 1:13cv01593 LJO DLB (PC)
ORDER REQUIRING DEFENDANTS TO
RESPOND TO PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL
(Document 21)

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Plaintiff David Pino (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis,

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filed this civil rights action on October 3, 2013. This action is proceeding on Plaintiff’s First
Amended Complaint against Defendants Ladd, Musselman, Hernandez, Lee, Moore and Watson for
violation of the First Amendment.
On February 20, 2015, Defendants filed a motion for summary judgment based on Plaintiff’s

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failure to exhaust his administrative remedies. The motion is pending. Defendants have also filed
their answer, but the Court has not yet opened discovery.
On April 15, 2015, the Court received a request from Plaintiff to dismiss this action. Plaintiff

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states that he can no longer litigate this action due to circumstances beyond his control.
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Within ten (10) days, Defendants are ordered to inform the Court of their position regarding
Plaintiff’s request. Fed. R. Civ. Proc. 41(a)(2).

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IT IS SO ORDERED.
Dated:

/s/ Dennis

April 16, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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