Furnace v. Cope et al

Filing 72

ORDER GRANTING Plaintiff's Unopposed 68 Request for Voluntary Dismissal of Action without Prejudice; ORDER Vacating 66 Writ of Habeas Corpus Ad Testificandum Directing Production of Inmate Edward Furnace CDCR #H-33245 signed by Magistrate Judge Barbara A. McAuliffe on 11/03/2021. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD FURNACE,
Plaintiff,

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ORDER GRANTING PLAINTIFF’S
UNOPPOSED REQUEST FOR VOLUNTARY
DISMISSAL OF ACTION WITHOUT
PREJUDICE
(ECF No. 68)

Defendant.

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Case No. 1:16-cv-00420-NONE-BAM (PC)

ORDER VACATING WRIT OF HABEAS
CORPUS AD TESTIFICANDUM
DIRECTING PRODUCTION OF INMATE
EDWARD FURNACE, CDCR #H-33245
(ECF No. 66)

v.
VILLA,

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Plaintiff Edward Furnace (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action under 42 U.S.C. § 1983. This action proceeds on Plaintiff’s

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second amended complaint against Defendant Villa for excessive force in violation of the Eighth

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Amendment. This action is currently set for a telephonic status conference on November 10,

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2021 to discuss setting the relevant deadlines and a possible trial date. (ECF No. 65.)

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On October 25, 2021, Plaintiff filed a “Motion to Dismiss Action,” stipulating to dismissal

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of this action pursuant to Fed. R. Civ. P. 41(a)(1). (ECF No. 68.) The Court construed Plaintiff’s

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motion as a motion to dismiss pursuant to Rule 41(a)(2) and directed Defendant to file a response.

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(ECF No. 69.) On November 2, 2021, Defendant filed a statement of non-opposition to

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Plaintiff’s motion to dismiss case. (ECF No. 71.)
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Pursuant to Federal Rule of Civil Procedure 41(a)(2), and in light of Defendant’s

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statement of non-opposition, the Court finds the terms of the dismissal proper. As the parties

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have not specified whether the dismissal is with or without prejudice, the Court finds that a

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dismissal without prejudice is appropriate. Fed. R. Civ. P. 41(a)(2).

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Plaintiff’s motion to dismiss action, (ECF No. 68), is GRANTED;

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2. This action is dismissed without prejudice;

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3. The writ of habeas corpus ad testificandum directing the production of Edward Furnace,

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CDCR #H-33245, issued on October 12, 2021, (ECF No. 66) is VACATED; and
4. The Clerk of the Court is directed to:

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a. Serve a courtesy copy of this order by e-mail on the Litigation Coordinator at

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Pelican Bay State Prison, and on the Litigation Coordinator of any other

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institution(s) which require this information;

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b. Terminate all pending motions, hearings, and deadlines;

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c. Assign a District Judge to this case for the purpose of closing the case; and

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d. Close this case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 3, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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