Bridgewater v. Cate, et al

Filing 76

ORDER signed by Magistrate Judge Dale A. Drozd on 07/23/14 ordering plaintiff's motion to dismiss defendant Hickman 74 is granted. Defendant Hickman is dismissed from this action. Plaintiff's motion to proceed solely against defendants Virga and Turner 75 is granted. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEITH BRIDGEWATER, 12 Plaintiff, 13 14 v. No. 2:10-cv-2971 TLN DAD P ORDER MATTHEW CATE, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. On May 28, 2014, the court issued an order requiring plaintiff to show cause in writing 19 20 why the court should not dismiss defendant Hickman as an improper party to this action. On June 21 5, 2014, plaintiff requested an extension of time to respond to the court’s order, which the court 22 granted. Plaintiff has since filed a request to voluntarily dismiss defendant Hickman and therein 23 has made clear that he does not wish to amend his complaint to proceed against Matthew Cate. 24 Instead, plaintiff has indicated he wishes to proceed in this action solely against defendants Virga 25 and Turner. Good cause appearing, the court will honor plaintiff’s requests. 26 ///// 27 ///// 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion to dismiss defendant Hickman (Doc. No. 74) is granted. Defendant 3 4 Hickman is dismissed from this action; and 2. Plaintiff’s motion to proceed solely against defendants Virga and Turner (Doc. No. 75) 5 is granted. This action shall proceed on plaintiff’s claims against defendants Virga and Turner 6 and in accordance with the court’s discovery and scheduling ordered issued on June 19, 2014. 7 Dated: July 23, 2014 8 9 10 DAD:9 brid2971.dism 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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