Tomasini v. Chau et al

Filing 37

ORDER signed by Magistrate Judge Allison Claire on 2/15/2022 GRANTING plaintiff's 36 motion to dismiss. Defendant Dr. Darrel (or Darrell) Hopkins and the claim against him are DISMISSED without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL C. TOMASINI,

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No. 2:18-cv-0286 JAM AC P

Plaintiff,

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v.

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ORDER

JAMES CHAU, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 18, 2022, Plaintiff was directed to file additional information with the Court to

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effectuate service of the Second Amended Complaint on Defendant Dr. Darrel (or Darrell)

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Hopkins,1 or in the alternative, to show good cause why he is unable to do so. See ECF No. 33.

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At that time, Plaintiff was given the appropriate service documents, and he was given sixty days

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to comply with the Court’s order. See id. at 1-2.

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Throughout this case, Plaintiff has spelled Defendant Dr. Hopkins’ first name two different
ways. See ECF No. 1 at 4; ECF No. 15 at 36-39.
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On January 31, 2022, Plaintiff filed a motion to dismiss Defendant Hopkins from this

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action, along with the cause of action stated against him, pursuant to Federal Rule of Civil

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Procedure 41. See ECF No. 36. Plaintiff’s motion will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to dismiss (ECF No. 36) is GRANTED, and

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2. Defendant Dr. Darrel (or Darrell) Hopkins and the claim against him are DISMISSED

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without prejudice. See Fed. R. Civ. P. 41(a)(2).

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DATED: February 15, 2022

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