Cienfuegos v. Gipson et al

Filing 40

ORDER DIRECTING Defendants to Respond to Plaintiff's Request to Dismiss Action; Ten-Day Deadline signed by Magistrate Judge Dennis L. Beck on 6/10/2016. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEO CIENFUEGOS, 12 13 14 Plaintiff, v. PEREZ, et al., 15 No. 1:14-cv-00215 DAD DLB PC ORDER DIRECTING DEFENDANTS TO RESPOND TO PLAINTIFF’S REQUEST TO DISMISS ACTION TEN-DAY DEADLINE Defendants. 16 17 Plaintiff Leo Cienfuegos (“Plaintiff”) is a California state prisoner proceeding pro se in 18 this action pursuant to 42 U.S.C. § 1983. Defendants’ March 21, 2016, motion for summary 19 judgment is pending. 20 On June 9, 2016, Plaintiff filed a request to withdraw this action, stating that he has 21 received the relief he sought. Accordingly, Defendants are ordered to inform the Court whether 22 they object to a dismissal of this action within ten (10) days. Any such dismissal would be 23 without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). 24 25 26 IT IS SO ORDERED. Dated: /s/ Dennis June 10, 2016 L. Beck UNITED STATES MAGISTRATE JUDGE 27 28 1

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