Aidnik v. Knolls et al

Filing 33

ORDER signed by Magistrate Judge Dale A. Drozd on 7/23/2010 DENYING, w/out prejudice, dft's 27 motion to dismiss. (Yin, K)

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(PC) Aidnik v. Knolls et al Doc. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DAD:sj aidn1355.mtd IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JEFF AIDNIK, Plaintiff, vs. MIKE KNOWLES, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action filed pursuant to 42 U.S.C. 1983. On July 7, 2010, defendant Maxwell filed a motion to dismiss in this action. However, on the same day defendant's counsel filed an answer to plaintiff's complaint, along with a request that defendant's motion to dismiss be withdrawn as filed in error. The court will honor defense counsel's request. Accordingly, IT IS HEREBY ORDERED that defendant's July 7, 2010 motion to dismiss (Doc. No. 27) is denied without prejudice. DATED: July 23, 2010. ORDER No. CIV S-09-1355 JAM DAD P

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