Snow v. Kay

Filing 43

ORDER Directing Defendant to File a Response to Plaintiff's Notice of Voluntary Dismissal within Ten Days of the Date of Service of this Order signed by Magistrate Judge Stanley A. Boone on 03/01/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM L. SNOW,

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Plaintiff,
v.
DOCTOR SHWE,
Defendant.

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Case No.: 1:15-cv-01606-SAB (PC)
ORDER DIRECTING DEFENDANT TO FILE A
RESPONSE TO PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL WITHIN TEN DAYS
OF THE DATE OF SERVICE OF THIS ORDER
[ECF No. 42]

Plaintiff William L. Snow is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
This action is proceeding against Defendant Dr. Shwe for deliberate indifference to a serious
medical need in violation of the Eighth Amendment.
On December 22, 2016, Defendant filed an answer to the complaint. On January 9, 2017, the
Court issued the discovery and scheduling order.
On February 27, 2017, Plaintiff filed a notice of voluntary dismissal. Because Defendant has

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filed an answer, Plaintiff cannot automatically dismiss the action through the notice of voluntary

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dismissal. Fed. R. Civ. P. 41(a)(2).

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Federal Rule of Civil Procedure 41(a)(2) provides that after an answer or motion for summary

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judgment has been filed, “an action may be dismissed at the plaintiff’s request only by court order, on

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terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2).
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Accordingly, within ten (10) days from the date of service of this order, Defendant shall file an

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opposition or statement of non-opposition to Plaintiff’s notice of voluntary dismissal.

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IT IS SO ORDERED.

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Dated:

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March 1, 2017
UNITED STATES MAGISTRATE JUDGE

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