Dial v. Heatley et al

Filing 77

ORDER signed by Magistrate Judge Allison Claire on 09/16/15 granting 76 Motion to Dismiss. This action is dismissed pursuant to FRCP 41(a)(2). CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RODNEY DIAL,

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No. 2:12-cv-2569 AC P
Plaintiff,

v.

ORDER

SCOTT HEATLEY, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. This action is referred to the undersigned United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). Currently pending

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are two motions for summary judgment filed by defendants. ECF Nos. 74, 75. Plaintiff’s

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oppositions were due on August 28, 2015. ECF No. 73. However, on September 11, 2015,

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plaintiff filed the instant motion requesting dismissal of this case without prejudice. ECF No. 76.

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Accordingly, for good cause shown, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion filed September 11, 2015, ECF No. 76, is granted; and

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2. This action is dismissed without prejudice, see Fed. R. Civ. P. 41(a)(2).

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DATED: September 16, 2015