Martinez v. Beard et al

Filing 40

ORDER REQUIRING Defendants to File an Opposition or Statement of Non-Opposition to Plaintiff's Objection to the Findings and Recommendations and Voluntary Dismissal of Certain Defendants; 30-Day Deadline signed by Magistrate Judge Jennifer L. Thurston on 4/14/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN CARLOS MARTINEZ,

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Plaintiff,
v.
BEARD, et al.,
Defendants.

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ORDER REQUIRING DEFENDANTS TO FILE
AN OPPOSITION OR STATEMENT OF NONOPPOSITION TO PLAINTIFF'S OBJECTION
TO THE FINDINGS AND
RECOMMENDATIONS AND VOLUNTARY
DISMISSAL OF CERTAIN DEFENDANTS
(Docs. 38, 39)
30-DAY DEADLINE

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Case No. 1:14-cv-00405-AWI-JLT (PC)

Plaintiff, Juan Carlos Martinez, is a state prisoner in this civil rights action pursuant to 42
U.S.C. § 1983. Plaintiff filed this action on March 19, 2014. (Doc. 1.)
On November 7, 2014, Defendants filed a request for screening of the Second Amended

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Complaint. (Doc. 32.) The Court screened the Second Amended Complaint (Doc. 31) and issued

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a Findings and Recommendations on March 11, 2015 (Doc. 37). Plaintiff filed objections to the

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Findings and Recommendations (Doc. 38) requesting leave to and a notice of voluntary dismissal

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without prejudice of Defendants Beard, Katavich, Youssef, M.D., and Marshal (Doc. 39).

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Though not titled as a motion, the issues raised therein are such that the Defendants should have

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opportunity to be heard.

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Accordingly, it is HEREBY ORDERED that within 30 days of the date of service of this

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order, all Defendants for whom counsel is entered in this case shall file either an opposition or a

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statement of non-opposition both to the issues raised in Plaintiff's objections to the Findings and

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Recommendations and to Plaintiff's voluntary dismissal of Defendants Beard, Katavich, Youssef,

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M.D., and Marshall; it is FURTHER ORDERED that if Defendants oppose the motion, Plaintiff

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may file a reply thereto within 15 days.

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IT IS SO ORDERED.
Dated:

April 14, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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