Magnan v. Runnels, et al

Filing 232

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/12/11 GRANTING 229 Motion for Extension of Time; parties have 45 days to stipulate to dismissal pursuant to Rule 41(a). (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL P. MAGNAN,

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Plaintiff,

No. CIV S-03-1099 GEB CKD P

vs.
M. S. EVANS, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action in 2003

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seeking relief under 42 U.S.C. § 1983. Earlier this year, the magistrate judge previously assigned

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to this case ordered that, as plaintiff and defendants Evans and Briddle had reached a settlement,

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the parties would file stipulations to dismiss all remaining claims against Evans and Briddle

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pursuant to Rule 41(a) of the Federal Rules of Civil Procedure by September 2, 2011. (Dkt. Nos.

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225, 227.)

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Pending before the court is Evans’ and Briddle’s September 1, 2011 motion to be

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relieved of the duty to file stipulations of dismissal by September 2, 2011. (Dkt. Nos. 229, 231.)

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Defendants state that, due to budgetary constraints facing the State of California, they have not

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yet received the settlement funds owed to plaintiff pursuant to the settlement, but hope to receive

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such funds later this month. Defendants request that the parties not be required to file the
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dismissal until such time as plaintiff’s counsel has received the settlement check. (Dkt. No. 229.)

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Good cause being shown, IT IS HEREBY ORDERED THAT the parties are

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granted an extension of forty-five days from the issuance of this order to stipulate to dismissal

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pursuant to Rule 41(a). If defendants require additional time to obtain the settlement funds, they

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may seek an extension at that time.

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Dated: September 12, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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magn1099.ord

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