Woods v. Swift et al

Filing 33

ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/15 GRANTING 27 Motion to Dismiss defendant Hayes.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL WOODS,

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No. 2:14-cv-2665 JAM KJN P

Plaintiff,

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v.

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B. SWIFT, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding without counsel, has requested that defendant Hayes

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be voluntarily dismissed without prejudice. (ECF No. 27.) On October 1, 2015, the undersigned

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directed defendants to notify the court within seven days whether they had any objection to the

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dismissal of defendant Hayes without prejudice. (ECF No. 28.) The October 1, 2015 order

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further stated that should defendants fail to respond, plaintiff’s request would be granted. (Id.)

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Seven days passed and defendants did not respond to the October 1, 2015 order. Good

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cause appearing, IT IS HEREBY ORDERED that plaintiff’s motion for voluntary dismissal of

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defendant Hayes without prejudice (ECF No. 27) is granted. See Fed. R. Civ. P. 41(a).

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Dated: October 21, 2015

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Wo2665.59

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