Nelson v. Runnels et al

Filing 141

ORDER signed by Magistrate Judge Kendall J. Newman on 3/18/2014 ORDERING that defendants' counsel shall notify this court, within 7 days, whether any remaining defendant has any objection to his or her dismissal from this action.(Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 B ARTH D ALY RAYMOND NELSON, 12 LLP A TTORNEYS A T L AW S ACRAMENTO , C ALIFORNIA 11 Plaintiff, 13 14 15 Case No. 2:06-CV-1289 LKK KJN P NOTICE OF MOTION, MOTION AND [PROPOSED] ORDER DISMISSING DEFENDANTS v. D.L. RUNNELS, et. al., Defendant. 16 17 18 TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD HEREIN: Plaintiff Raymond Nelson, by and through his counsel of record, Kresta Nora Daly of 19 Barth Daly LLP, hereby moves to dismiss with prejudice all remaining defendants in this action: 20 specifically, D.L. Runnels, Warden; M. McDonald, CDW (A); M. Wright, Facility Captain (A); 21 M. Dangler, CCI; Sgt. Amero; Sgt. A. Smith; and Sgt. Willcost. 22 Dated: March 12, 2014. 23 By /s/ Raymond Nelson 24 25 Dated: March 12, 2014. BARTH DALY LLP 26 By 27 /s/ Kresta Nora Daly KRESTA NORA DALY 28 -1STIPULATION AND ORDER DISMISSING DEFENDANTS [CASE NUMBER 2:06-CV-1289 LKK KJN] 1 ORDER 2 IT IS HEREBY ORDERED that defendants’ counsel shall notify this court, within seven 3 days, whether any remaining defendant has any objection to his or her dismissal from this action. 4 Should defendants’ counsel fail to timely respond, plaintiff’s request will be granted pursuant to 5 Rule 41(a)(2), Federal Rules of Civil Procedure, and thereby result in the following: (1) that all 6 remaining defendants in this action be dismissed, with prejudice; and (2) this action being closed. 7 Dated: March 18, 2014 8 9 /nels1289.stip.dsms 10 11 B ARTH D ALY LLP A TTORNEYS A T L AW S ACRAMENTO , C ALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2STIPULATION AND ORDER DISMISSING DEFENDANTS [CASE NUMBER 2:06-CV-1289 LKK KJN]

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