Canada v. California Medical Facility-Vacaville et al

Filing 12

ORDER signed by Magistrate Judge Deborah Barnes on 1/5/2018 DENYING 11 Request to Dismiss the Present Case. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD LEE CANADA, 12 Plaintiff, 13 14 15 v. No. 2:17-cv-2192 DB P ORDER CALIFORNIA MEDICAL FACILITYVACAVILLE, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a document entitled “Plaintiff 18 19 Request Voluntary Dismiss this Action.” (ECF No. 11.) Therein, plaintiff states that he wishes 20 to dismiss “this action.” Two sentences later, however, plaintiff states that “the only case he 21 would like to continue is Canada vs. J. Lewis case number: 2:17-cv-02192-DB.” Case no. 2:17- 22 cv-2192 DB is the above-captioned action. The court notes that plaintiff filed an identical request in case no. 2:17-cv-02193 DB. 23 24 That case will be dismissed as plaintiff requested. However, it appears that plaintiff does not, in 25 fact, wish to dismiss this present action. Therefore, plaintiff’s request will be denied. If the court 26 has misinterpreted plaintiff’s intent, plaintiff may file a clarification. 27 //// 28 //// 1 Accordingly, plaintiff’s request to dismiss the present case (ECF No. 11) is denied. 2 IT IS SO ORDERED. 3 Dated: January 5, 2018 4 5 6 7 DLB:9 DB/orders/prisoner-civil rights/cana2192.deny dism 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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