Baker v. Beam et al

Filing 69

ORDER GRANTING 67 Plaintiff's Unopposed Request for Voluntary Dismissal of Action Without Prejudice and ORDER Directing Clerk to Terminate All Pending Motions and Deadlines (Docs. 52 , 53 , 62 , & 63 ) and Close the Case signed by District Judge Anthony W. Ishii on 3/23/2021. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIKE BAKER,

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Case No. 1:16-cv-01737-AWI-BAM (PC)
Plaintiff,

v.

ORDER GRANTING PLAINTIFF’S
UNOPPOSED REQUEST FOR VOLUNTARY
DISMISSAL OF ACTION WITHOUT
PREJUDICE

BEAM, et al.,
(ECF No. 67)
Defendants.

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Plaintiff Mike Baker (“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: (1) Defendants Vogel, Caldwell, and Cervantes for deliberate

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indifference in violation of the Eighth Amendment; (2) Defendants Vasquez, Vogel, Beam,

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Cuevas, Caldwell, Cervantes, Huerta, Benevidas, Goree, Cribbs, Diaz, Jarvis, and Pacillas for

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retaliation in violation of the First Amendment; (3) Defendants Vasquez, Vogel, Beam, Cuevas,

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Caldwell, Cervantes, Huerta, and Benevidas for conspiracy; (4) Defendants Vogel, Beam,

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Cuevas, Caldwell, Cervantes, Huerta, and Benevidas for denial of access to the courts in violation

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of the First and Fourteenth Amendments; (5) Defendants Vogel, Beam, Cuevas, Caldwell,

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Cervantes, Huerta, and Benevidas for a state law claim for property deprivation; (6) Defendants

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Beam, Huerta, and Benevidas for violation of California Civil Code § 52.1; (7) Defendant Vogel

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for a state law claim of intentional infliction of emotional distress; and (8) Defendants Vogel,

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Caldwell, and Cervantes for a state law claim for negligent infliction of emotional distress.
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On March 22, 2021, Plaintiff filed a “Motion to Dismiss All Claims Without Prejudice,”

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stating that he is voluntarily dismissing all claims remaining and requesting that the Court order

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this action dismissed without prejudice. (ECF No. 67.) The same date, Defendants filed a

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statement of non-opposition to Plaintiff’s motion and to the dismissal of this action without

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prejudice. (ECF No. 68.)

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Pursuant to Federal Rule of Civil Procedure 41(a)(2), and in light of Defendants’
statement of non-opposition, the Court finds the terms of the dismissal proper.
Accordingly, IT IS HEREBY ORDERED as follows:
1. Plaintiff’s motion to dismiss all claims without prejudice, (ECF No. 67), is granted;

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2. This action is dismissed without prejudice; and

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3. The Clerk of the Court is directed to terminate all pending motions and deadlines and

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close this case.

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IT IS SO ORDERED.
Dated: March 23, 2021
SENIOR DISTRICT JUDGE

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