Bell v. Hanks

Filing 40

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Barry M. Kurren on 6/1/16 RECOMMENDING that Plaintiff's 38 Motion to Dismiss be granted. Motion referred to District Judge Garland E. Burrell, Jr. Within 14 days after being served with these Findings andRecommendations, any party may file written objections with the Court. (Kastilahn, A)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

HORACE THOMAS,

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)
Plaintiff,
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vs.
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W. HANKS,
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Defendant.
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)
______________________________ )

2:14-cv-00108-GEB-BMK
FINDINGS AND
RECOMMENDATIONS TO GRANT
PLAINTIFF’S MOTION TO
DISMISS (DOC. 38)

FINDINGS AND RECOMMENDATIONS TO GRANT
PLAINTIFF’S MOTION TO DISMISS (DOC. 38)
On May 31, 2016, Plaintiff Horace Thomas filed a Motion to Dismiss
his own case. On June 1, 2016, Defendant Hanks filed a Statement of
Non-Opposition, stating that he does not oppose Plaintiff’s request. The Court
finds and recommends that Plaintiff’s Motion to Dismiss be GRANTED. See Fed.
R. Civ. P. 41(a)(2) (authorizing the court to dismiss an action at the plaintiff’s
request after an answer has been filed).
These Findings and Recommendations are submitted to the United
States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. §
636(b)(1). Within fourteen (14) days after being served with these Findings and
Recommendations, any party may file written objections with the Court. Local

Rule 304(b). Responses, if any, are due within fourteen (14) days after being
served with the objections. Local Rule 304(d).
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, June 1, 2016

/S/ Barry M. Kurren
Barry M. Kurren
United States Magistrate Judge

Horace Thomas v. W. Hanks, 2:14-cv-00108 GEB-BMK, FINDINGS AND
RECOMMENDATIONS TO GRANT PLAINTIFF’S MOTION TO DISMISS (DOC. 38).
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