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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TOMMIE LEE BAKER,

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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

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

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Defendants Alva, Mendoza, Franco, and O’Daniels on Plaintiff’s Eighth Amendment

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failure to protect claim. (ECF Nos. 11 & 13.)

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On March 13, 2015, Plaintiff filed a motion to dismiss the action with prejudice on

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the ground he no longer has any dispute with Defendants requiring resolution by the

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Court. (ECF No. 26.)

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Where a defendant has appeared in the action by filing an answer, Plaintiff may

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dismiss the action only by stipulation signed by all parties who have appeared or by

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court order on terms the Court deems proper. Fed. R. Civ. P. 41(a). Here, Defendants

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have filed an answer. (ECF No. 19.) No stipulation for dismissal is before the Court.

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Accordingly, Defendants are HEREBY DIRECTED to file and serve a response to

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Plaintiff’s dismissal motion within fourteen days of this order, advising the Court whether

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they oppose dismissal as proposed. The motion will be held under submission pending

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Defendants’ response.

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IT IS SO ORDERED.
Dated:

April 7, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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