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Mike Angel Escalante v. E. Uhren

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


November 14, 2011

MIKE ANGEL ESCALANTE, PLAINTIFF,
v.
E. UHREN, 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. He seeks relief pursuant to 42 U.S.C. § 1983. On October 17, 2011, the undersigned filed findings and recommendations that this action be dismissed without leave to amend as it was Heck barred, though plaintiff could of course re-file the case if his conviction was invalidated, expunged or reversed.

On November 3, 2011, plaintiff filed a notice voluntary dismissal. Within 7 days defendants may file an opposition to this case being voluntarily dismissed pursuant to Rule 41(a). If defendants choose not to file a response, the undersigned will construe that as non-opposition.

20111114

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