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Avery v. Pool

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 8, 2010

KYLE AVERY, PLAINTIFF,
v.
K. POOL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983.

On August 13, 2010, the undersigned recommended that defendants' motion for summary judgment be granted as plaintiff had failed to file an opposition or otherwise communicate with the court. On August 30, 2010, plaintiff filed a motion to dismiss without prejudice, instead of formal objections or an opposition. Plaintiff did not indicate if he intends to file an opposition to the summary judgment motion.

Within five days of service of this order, defendants shall file a response to plaintiff's motion to dismiss without prejudice.

Accordingly, IT IS HEREBY ORDERED that within five days of service of this order, defendants shall file a response to plaintiff's motion to dismiss without prejudice.

20100908

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