(PC) Gradford v. Velasco et al

Filing 69

ORDER re: Motion to Dismiss Requiring Response From Plaintiff, signed by Magistrate Judge Erica P. Grosjean on 6/7/2021. Fourteen Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. GRADFORD,

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Plaintiff,

No. 1:20-cv-00543-NONE-EPG (PC)
ORDER RE; MOTION TO DISMISS;
REQUIRING RESPONSE FROM PLAINTIFF

v.
(ECF No. 65)
F. VELASCO, et al.,

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Defendants.

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On May 25, 2021, Plaintiff William J. Gradford, a former pretrial detainee proceeding pro

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se and in forma pauperis in this civil rights action, filed a motion titled “plaintiff’s request to

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dismiss this case.” (ECF No. 65). In the abundance of caution, the Court will require Plaintiff to

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clarify its purpose.

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By its title, the filing appears to be Plaintiff’s attempt to voluntary dismiss his case

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without a court order as permitted under Federal Rule of Civil Procedure 41(a)(1). And, to this

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end, Defendants have filed a statement indicating that they do not oppose dismissal. See Fed. R.

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Civ. P. 41(a)(1)(A)(ii) (permitting dismissal after the service of an answer by a stipulation of

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dismissal signed by all parties who have appeared).

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However, Plaintiff previously filed a motion to dismiss (ECF No. 42) before in this action,

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which he later moved to withdraw (ECF No. 49) based on his professed confusion. The Court

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permitted Plaintiff to withdraw his motion. (See ECF Nos. 50, 68). Plaintiff appears to have
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renewed his request.
Accordingly, IT IS HEREBY ORDERED that Plaintiff shall submit a notice within 14

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days of service of this order, stating whether his May 25, 2021 filing (ECF No. 65) intends to

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voluntarily dismiss this case, meaning that the action will be terminated from the docket without

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prejudice and the case will no longer continue against the Defendants. Importantly, a dismissal

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does not mean that this case will be transferred to another judge. If Plaintiff fails to respond

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within the 14-day period, it will be presumed that he intends to dismiss this case, as indicated in

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his filing.

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IT IS SO ORDERED.
Dated:

June 7, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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