Dixon v. LaRosa, et al

Filing 71

ORDER signed by Magistrate Judge Kendall J. Newman on 11/8/11 ORDERING that Plaintiffs 68 motion to withdraw defendant Gamez is granted; Plaintiffs claims against defendant Gamez are dismissed with prejudice; and Clerk of the Court shall terminate the 62 motion to dismiss filed by defendant Gamez. (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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DANIEL STEVE DIXON,
Plaintiff,

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vs.

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No. 2:10-cv-1441 GEB KJN P

S. LAROSA, et al.,
Defendants.

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ORDER
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On October 31, 2011, plaintiff, a state prisoner proceeding without counsel,

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requested that defendant Gamez be dismissed from this action because plaintiff’s claims against

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defendant Gamez are not cognizable civil rights claims. On October 31, 2011, defendant Gamez

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filed a statement of non-opposition to the dismissal of defendant Gamez with prejudice.

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Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, plaintiff’s request shall be

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honored. This dismissal renders defendant Gamez’ motion to dismiss moot.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s October 31, 2011 motion to withdraw defendant Gamez (dkt. no.

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68) is granted;
2. Plaintiff’s claims against defendant Gamez are dismissed with prejudice; and

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3. The Clerk of the Court shall terminate the September 6, 2011 motion to

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dismiss filed by defendant Gamez. (Dkt. No. 62.)

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DATED: November 8, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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dixo1441.59

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