Baker v. Alva et al

Filing 27

ORDER DIRECTING Defendant to Respond to Plaintiff's 26 Motion to Dismiss; Motion will be held under submission pending Defendants' response, signed by Magistrate Judge Michael J. Seng on 04/7/15. (14-Day Deadline) (Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 TOMMIE LEE BAKER, 11 12 13 14 Plaintiff, v. J. ALVA, et al., CASE NO. 1:14-cv-01020-AWI-MJS (PC) ORDER DIRECTING DEFENDANT TO RESPOND TO PLAINTIFF’S MOTION TO DISMISS (ECF No. 26) Defendants. FOURTEEN (14) DAY DEADLINE 15 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 17 rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against 18 Defendants Alva, Mendoza, Franco, and O’Daniels on Plaintiff’s Eighth Amendment 19 failure to protect claim. (ECF Nos. 11 & 13.) 20 On March 13, 2015, Plaintiff filed a motion to dismiss the action with prejudice on 21 the ground he no longer has any dispute with Defendants requiring resolution by the 22 Court. (ECF No. 26.) 23 Where a defendant has appeared in the action by filing an answer, Plaintiff may 24 dismiss the action only by stipulation signed by all parties who have appeared or by 25 court order on terms the Court deems proper. Fed. R. Civ. P. 41(a). Here, Defendants 26 have filed an answer. (ECF No. 19.) No stipulation for dismissal is before the Court. 27 Accordingly, Defendants are HEREBY DIRECTED to file and serve a response to 28 Plaintiff’s dismissal motion within fourteen days of this order, advising the Court whether 1 they oppose dismissal as proposed. The motion will be held under submission pending 2 Defendants’ response. 3 4 5 IT IS SO ORDERED. Dated: April 7, 2015 /s/ 6 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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