Escalante v. Uhren, et al

Filing 27

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/14/11 ordering that on 11/03/11 plaintiff filed a notice of voluntary dismissal. Within 7 days defendants may file an opposition to this case being voluntarily dismissed pursuant to Rule 41(a). If defendants choose not to file a response, the undersigned will construe that as non-opposition. (Plummer, 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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MIKE ANGEL ESCALANTE,

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Plaintiff,

No. CIV S-11-1508 JAM GGH P

vs.
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E. UHREN, et al.,

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Defendants.
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ORDER
/

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Plaintiff is a state prisoner proceeding pro se. He seeks relief pursuant to 42

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U.S.C. § 1983. On October 17, 2011, the undersigned filed findings and recommendations that

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this action be dismissed without leave to amend as it was Heck barred, though plaintiff could of

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course re-file the case if his conviction was invalidated, expunged or reversed.

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On November 3, 2011, plaintiff filed a notice voluntary dismissal. Within 7 days

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defendants may file an opposition to this case being voluntarily dismissed pursuant to Rule 41(a).

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If defendants choose not to file a response, the undersigned will construe that as non-opposition.

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DATED: November 14, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB

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esca1508.ord4

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