Johnson v. Sisto et al

Filing 95

ORDER signed by Magistrate Judge Kendall J. Newman on 6/7/11 ORDERING that plaintiffs claims against defendants Jones and Peterson are DISMISSED without prejudice.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LACEDRIC JOHNSON,
Plaintiff,

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vs.

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No. 2:08-cv-1609 KJM KJN P

D.K. SISTO, et al.,
Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding without counsel or pro se, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 5, 2011, the magistrate judge filed findings and recommendations herein

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(Dkt. No. 82) which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within twenty-one days.

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Plaintiff was granted until May 26, 2011, to file objections to the findings and recommendations.

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However, on May 27, 2011, rather than file objections, plaintiff filed a notice of voluntary

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dismissal of the defendants subject to the findings and recommendations. Defendants did not file

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objections to the recommended dismissal of defendants Jones and Peterson.

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Pursuant to Fed. R. Civ. P. 41(a), plaintiff's request shall be honored, and

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plaintiff’s claims against defendants Jones and Peterson are dismissed without prejudice. See

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Fed. R. Civ. P 41(b).

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Accordingly, IT IS HEREBY ORDERED plaintiff’s claims against defendants

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Jones and Peterson are dismissed without prejudice. See Fed. R. Civ. P 41(b). (Dkt. No. 82.)

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DATED: June 7, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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/john1609.59