Fishman v. Cheung et al

Filing 36

ORDER signed by Magistrate Judge Dale A. Drozd on 5/27/15 ORDERING that within fourteen days of the date of this order, defendants shall file a response to plaintiffs motion to dismiss this action without prejudice.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UDI FISHMAN,

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Plaintiff,

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No. 2:14-cv-1163 KJM DAD P

v.

ORDER

DR. G. CHEUNG 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

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without prejudice. In light of defendants’ pending motion for summary judgment, the court will

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

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defendants file an opposition to plaintiff’s request, defense counsel is directed to include therein

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an explanation as to how defendants would suffer any “plain legal prejudice” if this court

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dismissed this action without prejudice. See Smith v. Lenches, 263 F.3d 972, 975-76 (9th Cir.

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2001); Westlands Water Dist. v. United States, 100 F.3d 94, 96 (9th Cir. 1996). Accordingly, IT

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IS HEREBY ORDERED that within fourteen days of the date of this order, defendants shall file a

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response to plaintiff’s motion to dismiss this action without prejudice.

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Dated: May 27, 2015

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DAD:9

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fish1163.osc

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