Quiroz v. Cate et al

Filing 243

ORDER by Judge Lucy H. Koh granting 236 Motion to dismiss defendant Devan Hawkes (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 2/26/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARK ROBERT QUIROZ,
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Plaintiff,
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v.
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ROBERT A. HOREL, et al.,
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Defendants.
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___________________________________ )

No. C 11-0016 LHK (PR)
ORDER GRANTING PLAINTIFF’S
MOTION TO DISMISS DEFENDANT
DEVAN HAWKES

(Docket No. 236)

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On July 16, 2013, plaintiff, a state prisoner proceeding pro se, filed a third amended civil

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rights complaint pursuant to 42 U.S.C. § 1983. Upon screening, the court ordered it served upon

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named defendants. (Docket No. 181.) On October 23, 2013, a summons was returned

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unexecuted for defendant Devan Hawkes because he had “retired with no forwarding

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information.” (Docket No. 202.) On December 18, 2013, the court directed plaintiff to file a

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notice with the court containing a current and accurate address for defendant Devan Hawkes

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such that the Marshal is able to effect service. (Docket No. 230.) On January 24, 2014, plaintiff

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filed a motion to voluntarily dismiss defendant Devan Hawkes from this action. (Docket No.

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236.)

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Plaintiff’s motion is GRANTED. Defendant Devan Hawkes is DISMISSED without
prejudice. The clerk shall terminate said defendant from this action.

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This order terminates docket number 236.

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IT IS SO ORDERED.
DATED:

2/25/14

Order Granting Plaintiff’s Mot. to Dismiss Def. Devan Hawkes
P:\PRO-SE\LHK\CR.11\Quiroz016dism-Hawkes.wpd

LUCY H. KOH
United States District Judge

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Order Granting Plaintiff’s Mot. to Dismiss Def. Devan Hawkes
P:\PRO-SE\LHK\CR.11\Quiroz016dism-Hawkes.wpd

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