Mayora v. Eslick et al

Filing 40

ORDER Directing Plaintiff to Advise Regarding Dismissal of Action re 37 , 38 , 39 , signed by Magistrate Judge Sheila K. Oberto on 1/27/16. Twenty-Five Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE AUGUSTINE MAYORGA,

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Plaintiff,

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v.

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Case No. 1:14-cv-00099-LJO-SKO (PC)
ORDER DIRECTING PLAINTIFF TO
ADVISE REGARDING DISMISSAL OF
ACTION

ESLICK, et al.,
(Docs. 37, 38, 39)

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Defendants.
_____________________________________/

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Plaintiff, Jose Augustine Mayorga, a state prisoner proceeding pro se and in forma

17 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 23, 2014. On
18 January 15, 2016, Plaintiff filed a notice of withdrawal seeking to dismiss this action which is
19 construed as an attempt to voluntarily dismiss this action pursuant to Rule 41 of the Federal Rules
20 of Civil Procedure (ARule 41@). (Doc. 37.) On January 20, 2016, an order issued directing the
21 parties to advise whether they stipulate to dismissal of this action in accordance with Rule 41.
22 (Doc. 38.) On January 25, 2016, Defendants filed a statement of non-opposition indicating that
23 they do not oppose dismissal under Rule 41(a)(1)(A)(i); alternatively Defendants “stipulate to
24 dismissal of this action without prejudice pursuant to Rule 41(a)(2)” and “reserve their right to
25 seek payment of all fees, costs and expenses incurred in this action if Plaintiff subsequently re26 files a complaint against Defendants based on or including the same claims raised in this action.”
27 (Doc. 39.)
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Accordingly, IT IS HEREBY ORDERED that, within twenty-five (25) days of the date of

2 service of this order Plaintiff shall submit a statement, signed under penalty of perjury, indicating
3 whether he desires to dismiss this action under Rule 41(a)(1)(A)(i), or whether he desires to
4 stipulate to dismissal of this action under Rule 41(a)(2) on the terms set forth in Defendant=s
5 statement of non-opposition (Doc. 39).
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IT IS SO ORDERED.

8 Dated:

January 27, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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