Walker v. King et al

Filing 80

ORDER on Plaintiff's 79 Motion for Objection to Dismiss Plaintiff's Civil Complaint, signed by Magistrate Judge Erica P. Grosjean on 02/11/19. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER WALKER,

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Case No. 1:16-cv-01665-AWI-EPG (PC)
ORDER ON PLAINTIFF’S MOTION FOR
OBJECTION TO DISMISS PLAINTIFF’S
CIVIL COMPLAINT

Plaintiff,
v.
TIM POOLE, et al.,

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(ECF NO. 79)

Defendants.

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Roger Walker (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. § 1983.
On February 8, 2019, Plaintiff filed a motion for objection to dismiss Plaintiff’s civil

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complaint. (ECF No. 79). Plaintiff states that he objects to Defendants’ motion for dismissal.

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As Defendants have not filed a motion for dismissal, Plaintiff’s objections are

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OVERRULED.1 The Court notes that if Defendants do file a motion to dismiss Plaintiff’s case,

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Plaintiff will have an opportunity to file written objections.

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IT IS SO ORDERED.
Dated:

February 11, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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The Court is not dismissing the “untimely” motion for discovery. As noted in the Court’s February 4,
2019 order, Plaintiff’s motion was converted to discovery requests. (ECF No. 76, p. 3). If Plaintiff wishes to
withdraw his discovery requests, in lieu of filing a response to Defendants’ objections, he may file a motion to
withdraw the discovery requests.

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