Bibbs v. Walkenhorst et al

Filing 29

ORDER by Judge Claudia Wilken ORDER GRANTING 28 MOTION TO DISMISS CLAIMS AGAINST DECEASED DEFENDANT AND TRANSFERRING CASE TO MAGISTRATE JUDGE. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 10/9/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 Plaintiff, 5 6 Case No.: C 12-2197 CW (PR) MARTIN J. BIBBS, ORDER GRANTING MOTION TO DISMISS CLAIMS AGAINST DECEASED DEFENDANT AND TRANSFERRING CASE TO MAGISTRATE JUDGE v. 7 8 9 JOHN WALKENHORST, RENEE WALKENHORST and WALKENHORST'S VENDOR, Doc. no. 28 Defendants. United States District Court For the Northern District of California 10 11 Plaintiff, a state prisoner incarcerated at Pelican Bay State 12 Prison (PBSP), has filed a pro se civil rights action pursuant to 13 42 U.S.C. ยง 1983, alleging the violation of his constitutional 14 rights by Defendants who are alleged to be in contract with PBSP. 15 Plaintiff now moves to dismiss his claims against deceased 16 Defendant Renee Walkenhorst. 17 GRANTED. 18 Good cause appearing, the motion is All claims against Renee Walkenhorst are dismissed. Because all parties now have consented to have a United 19 States Magistrate Judge conduct all further proceedings in this 20 case, (doc. nos. 17 and 18), the Clerk of the Court shall transfer 21 this case to a Magistrate Judge. 22 This Order terminates docket number 28. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: 10/9/2013 ________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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