Rodriguez v. Beard et al

Filing 54

ORDER signed by Magistrate Judge Kendall J. Newman on 7/20/15 ORDERING that within twenty days of the date of this order, defendant Matis shall file a response to plaintiffs amended complaint.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEAN C. RODRIGUEZ,

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Plaintiff,

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No. 2:14-cv-1049 MCE KJN P

v.

ORDER

JEFFREY BEARD, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. For the reasons stated herein, defendant Matis is ordered to file a response

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to plaintiff’s amended complaint.
On April 3, 2015, the undersigned recommended that defendants’ motion to sever be

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granted. (ECF No. 45.) The undersigned recommended that the retaliation claim against

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defendant Matis be dismissed, and that this action proceed solely on the claims against defendants

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Foulk and St. Andre. (Id.)

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On April 14, 2015, plaintiff filed objections to the findings and recommendations. (ECF

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No. 46.) The Honorable Morrison C. England understood the objections to request dismissal of

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all of plaintiff’s claims. Accordingly, on May 19, 2015, Judge England granted plaintiff’s request

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to voluntarily dismiss this action. (ECF No. 47.)

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On May 29, 2015, plaintiff filed a motion pursuant to Federal Rule of Civil Procedure

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60(b). (ECF No. 48.) In this motion, plaintiff stated that he did not intend to request dismissal of

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the entire action. (Id.) Plaintiff stated that he only meant to request dismissal of his claims

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against defendants Foulk and St. Andre. (Id.) Plaintiff stated that he wanted to proceed on his

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retaliation claim against defendant Matis. (Id.)

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On July 9, 2015, Judge England granted plaintiff’s motion for relief. (ECF No. 53.)

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Judge England dismissed plaintiff’s claims against defendants Foulk and St. Andre, and ordered

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that this action would proceed on the retaliation claim against defendant Matis. (Id.)

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In accordance with the above, IT IS HEREBY ORDERED that within twenty days of the

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date of this order, defendant Matis shall file a response to plaintiff’s amended complaint.

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Dated: July 20, 2015

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