Hoffmann v. Jones

Filing 67

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/30/2020 DENYING 63 request for voluntary dismissal without prejudice. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KASEY F. HOFFMAN,

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No. 2:15-cv-1526-JAM-EFB P

Plaintiff,

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v.

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KEVIN JONES,

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ORDER

Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On June 1, 2020, plaintiff filed a notice of voluntary dismissal seeking dismissal

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of this case without prejudice. ECF No. 63. On June 12, 2020, the court informed plaintiff that

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he could not dismiss this case without prejudice at this stage of the proceedings unless defendant

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stipulated to the dismissal. ECF No. 65 (citing Fed. R. Civ. P 41(a)(1)(A)(i)). Defendant has

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declined to stipulate to the dismissal of this action without prejudice and confirms that defendant

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remains ready for trial. ECF Nos. 64, 66. Defendant does not object to plaintiff voluntarily

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dismissing with prejudice but defendant does not consent to plaintiff being able to refile this

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action. ECF No. 66. Thus, plaintiff may either proceed with this action, with trial set to

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commence on October 19, 2020, or the parties may file a stipulation for dismissal pursuant to

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Rule 41(a)(1)(A)(ii).
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Accordingly, it is ORDERED that plaintiff’s request for voluntary dismissal without

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prejudice (ECF No. 63) is denied.

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DATED: July 30, 2020.

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