Rhodes v. Fresno County, et al.

Filing 90

ORDER DIRECTING Defendants to File a Response to Plaintiff's 89 Notice of Voluntary Dismissal within Ten Days from the Date of Service of this order, signed by Magistrate Judge Stanley A. Boone on 8/21/18. (10-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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PERCY LEE RHODES,

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Plaintiff,

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v.

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FRESNO COUNTY, et al.,

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Defendants.

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Case No. 1:15-cv-01714-DAD-SAB (PC)
ORDER DIRECTING DEFENDANTS TO FILE A
RESPONSE TO PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL WITHIN TEN DAYS
FROM THE DATE OF SERVICE OF THIS ORDER
[ECF No. 89]

Plaintiff Percy Lee Rhodes is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On August 20, 2018, Plaintiff filed a notice of voluntary dismissal. Because Defendants have

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answered, voluntary dismissal of Plaintiff’s action is governed by Rule 41(a)(2). Under Rule 41(a)(2),

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absent a stipulation of the parties, a court order is required to obtain voluntary dismissal after a

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defendant files an answer to the complaint: “[A]n action may be dismissed at the plaintiff’s request

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only by court order, on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2). Accordingly,

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Defendants are directed to file an opposition or statement of non-opposition to Plaintiff’s request

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within ten (10) days from the date of service of this order.

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IT IS SO ORDERED.

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Dated:
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August 21, 2018
UNITED STATES MAGISTRATE JUDGE

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