King v. Deathriage et al

Filing 24

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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