Dalluge v. Moseley et al

Filing 37

ORDER that the parties should file additional briefing on or before 5/14/10, informing the court what jurisdiction, if any, the court has to entertain any motion or pleading filed in this action in light of the entry of the notice of voluntary dismissal. All pending motions are stayed until this jurisdictional question is answered. Signed by Magistrate Judge J Richard Creatura. (CMG; copy mailed to Plaintiff)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. ALVA MOSELEY, et al, Defendants. This 42 U.S.C. § 1983 Civil Rights action has been referred to the undersigned Magistrate Judge pursuant to Title 28 U.S.C. §§ 636(b)(1)(A) and 636(b)(1)(B) and Local Magistrate Judges' Rules MJR 1, MJR 3, and MJR 4. On March 18, 2010, the parties filed a notice of voluntary dismissal of this action. That notice was filed pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii). (Dkt. # 34). Plaintiff has now filed a motion to compel (Dkt. # 35) and defendants have answered (Dkt. # 36). Neither party adequately addresses the dismissal of this action by the parties. The parties should file additional briefing on or before May 14, 2010, informing the court what jurisdiction, if any, the court has to entertain any motion or pleading filed in this action in light of the entry of AMEL DALLUGE, Case No. C09-5623BHS/JRC Plaintiff, ORDER TO PROVIDE ADDITIONAL BRIEFING UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

ORDER - 1

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a notice of voluntary dismissal. All pending motions are stayed until this jurisdictional question is answered. The Clerk of court is directed to send plaintiff a copy of this order. DATED this 18th day of April, 2009.

A
J. Richard Creatura United States Magistrate Judge

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