Rotroff v. Ahlin, et al.

Filing 16

ORDER Denying Defendants' Motion To Dismiss Without Prejudice (ECF Nos. 11 and 15 ), signed by District Judge Lawrence J. O'Neill on 8/27/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DENIS K. ROTROFF,

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Plaintiff,

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Case No. 1:13-cv-02017-LJO-MJS (PC)
ORDER
DENYING
DEFENDANTS’
MOTION
TO
DISMISS
WITHOUT
PREJUDICE

v.
PAM AHLIN, et al.,

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ECF Nos. 11 and 15

Defendants.

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Plaintiff Denis K. Rotroff, a civil detainee proceeding pro se and in forma pauperis, filed

12 this civil rights action pursuant to 42 U.S.C. § 1983 on December 10, 2013. (ECF No. 1) On
13 January 9, 2014, Defendants filed a notice of appearance and motion to dismiss. (ECF Nos. 10
14 and 11.) The Court has a statutory obligation to conduct an initial review of the Complaint for
15 sufficiency to state a claim. 28 U.S.C. § 1915(e)(2). As that screening has yet to take place
16 Defendants’ motion to dismiss is untimely and must be dismissed.
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Accordingly, it is hereby ORDERED that Defendants’ motion to dismiss (ECF No. 11) is

18 DISMISSED without prejudice.
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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 27, 2014

UNITED STATES DISTRICT JUDGE

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