Mora v. California Correctional Center

Filing 128

ORDER signed by Magistrate Judge Deborah Barnes on 11/15/2021 ORDERING, within 21 days, defendants shall file a statement of non-opposition to plaintiff's notices of dismissal, or the parties shall file a stipulation for voluntary dismissal. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC MORA,

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Plaintiff,

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No. 2:14-cv-0581 KJM DB P

v.

ORDER

ZACK EATON, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding through counsel with an action under 42 U.S.C. §

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1983. Plaintiff claims defendants failed to provide him timely medical treatment and caused him

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harm in violation of his rights under the Eighth Amendment.
On October 7, 2021 counsel for plaintiff filed a notice stating plaintiff had “reached a full

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and complete settlement with the Defendants.” (ECF No. 125.) Thereafter, plaintiff filed a notice

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of dismissal with prejudice as to defendants Eaton, Gomer, and Sanderson (ECF No. 126) and a

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separate notice of dismissal with prejudice as to defendants Leslie and Kremer (ECF No. 127.)

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The court notes that defendants Wooten, Powell, and Nweke were dismissed on summary

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judgment. (See ECF No. 81.) Out of an abundance of caution the court will direct defendants to

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indicate whether they oppose the dismissal. Alternatively, the parties may file a stipulation for

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voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2).

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Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date of this

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order defendants shall file a statement of non-opposition to plaintiff’s notices of dismissal, or the

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parties shall file a stipulation for voluntary dismissal.

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Dated: November 15, 2021

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DB:12
DB/DB Prisoner Inbox/Civil Rights/R/mora0581.vol.dism

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