Jones v. Bishop, et al

Filing 75

ORDER signed by Senior Judge Justin L. Quackenbush on 3/28/11 ORDERING dfts' motion to terminate dfts 70 is DENIED. (Carlos, K)

(PC) Jones v. Bishop, et al

Doc. 75

1 2 3 4 5 6 7 8 9 10 11 12 13 14 On November 5, 2010, the court granted the following Defendants' Motion to Dismiss: vs. J.L. BISHOP, et al., Defendants. MALIK JONES, Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) NO. CV-09-0150-JLQ ) ) ) ORDER DENYING MOTION TO ) TERMINATE DEFENDANTS ) ) ) ) ) )

15 Defendants Bishop, Stoval, Lipton, Betti, Chatman, Wisely, Montgomery, Probest, Swarte, 16 Stailey, Weston, and Williams. Where the order did not dispose of all of Plaintiff's claims, 17 the court did not order the entry of judgment. Pending before the court is the Defendants' 18 "Motion to Terminate Dismissed Defendants" (ECF. No. 70) requesting the court direct the 19 Clerk to terminate these Defendants from the court's civil docket sheet. 20 An order granting a motion to dismiss is not final and subject to revision at any time

21 prior to entry of final judgment. Claims/parties are not formally dismissed from a case until 22 the entry of a final judgment. Accordingly, as there has been no judgment entered it would 23 not be appropriate to direct the Clerk to terminate parties from the docket. The appropriate 24 means for seeking the requested relief is to move for entry of partial judgment pursuant to 25 Fed.R.Civ.P. 54(b). Generally, partial final judgments are discouraged because of the 26 substantial risk that it could lead to multiple appeals. ORDER - 1
Dockets.Justia.com

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Defendants' Motion to Terminate Dismissed Defendants (ECF No. 70) is DENIED. The Clerk is hereby directed to enter this Order and furnish copies to Plaintiff and DATED this 28th day of March, 2011. s/ Justin L. Quackenbush JUSTIN L. QUACKENBUSH SENIOR UNITED STATES DISTRICT JUDGE

3 counsel. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 2