Winkleman v. CDCR, et al

Filing 39

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/9/15 ORDERING that within 14 days of the date of this order, defendants shall file a response to plaintiffs motion to dismiss this action. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PATRICK WINKLEMAN,

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Plaintiff,

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No. 2:13-cv-1480 MCE CKD P (TEMP)

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a motion to dismiss this action. In

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light of defendants’ pending motion for summary judgment, the court will direct defendants to

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file an opposition or a statement of non-opposition to plaintiff’s motion. If defendants file an

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opposition to plaintiff’s request, defense counsel is directed to include therein an explanation as to

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how defendants would suffer any “plain legal prejudice” if this court dismissed this action

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without prejudice. See Smith v. Lenches, 263 F.3d 972, 975-76 (9th Cir. 2001); Westlands Water

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Dist. v. United States, 100 F.3d 94, 96-97 (9th Cir. 1996) (the threat of future litigation,

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uncertainty because the dispute remains unresolved, and the expense incurred in defending

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against the lawsuit do not constitute legal prejudice).

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this

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order, defendants shall file a response to plaintiff’s motion to dismiss this action.

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Dated: December 9, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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wink1480.osc

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