King v. Deathriage et al
Filing
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ORDER GRANTING 22 Defendants' Request to Withdraw Motion for Summary Judgment and ORDER WITHDRAWING 17 Motion for Summary Judgment From Court's Calendar signed by Magistrate Judge Gary S. Austin on 1/7/2015. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:14-cv-00111-LJO-GSA-PC
MICHAEL STEVEN KING,
Plaintiff,
ORDER GRANTING DEFENDANTS’
REQUEST TO WITHDRAW MOTION FOR
SUMMARY JUDGMENT
(Doc. 22.)
vs.
DEATHRIAGE, et al.,
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ORDER WITHDRAWING MOTION FOR
SUMMARY JUDGMENT FROM COURT’S
CALENDAR
(Doc. 17.)
Defendants.
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Michael Steven King (“Plaintiff”) is a state prisoner proceeding pro se with this civil
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rights action pursuant to 42 U.S.C. § 1983. This action now proceeds on the original
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Complaint filed by Plaintiff on January 27, 2014, against defendants Sergeant Deathriage,
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Correctional Officer (C/O) J. Martinez and C/O Briones for use of excessive physical force,
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and against defendant LVN A. Angulo for denial of medical care.1 (Doc. 1.)
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On December 29, 2014, defendants Deathridge, Martinez, Briones, and Angelo
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(“Defendants”) filed a motion for summary judgment. (Doc. 17.) On January 6, 2015,
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Defendants filed a request to withdraw the motion for summary judgment. (Doc. 22.) Good
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cause appearing, Defendants’ request to withdraw shall be granted.
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On October 9, 2014, the Court issued an order dismissing all other claims and defendants from this action, for
failure to state a claim. (Doc. 11.)
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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Defendants’ request to withdraw their motion for summary judgment is
GRANTED; and
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Defendants’ motion for summary judgment, filed on December 29, 2014, is
WITHDRAWN from the Court’s calendar.
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IT IS SO ORDERED.
Dated:
January 7, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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