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Bruce Patrick Haney v. L. Eptstein

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 22, 2011

BRUCE PATRICK HANEY,
PLAINTIFF,
v.
L. EPTSTEIN, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER GRANTING DEFENDANTS' REQUEST TO WITHDRAW MOTION TO DISMISS AND REQUIRING RESPONSE TO AMENDED COMPLAINT WITHIN THIRTY DAYS (Docs. 20 and 26)

Plaintiff Bruce Patrick Haney is a state prisoner proceeding pro se in this civil action for violation of his rights under 42 U.S.C. § 1983. Defendants Epstein, Rodriguez, Shelton, Gonzales, Jennings, Comaites, and Vella removed this action from Kings County Superior Court on August 19, 2010. 28 U.S.C. § 1441(b). Following screening of Plaintiff's amended complaint for cognizability of claims, this action is now proceeding against Defendants Epstein and Rodriguez (Defendants) for retaliation, in violation of the First Amendment. 28 U.S.C. § 1915A.

Defendants' first response to Plaintiff's amended complaint, filed on October 13, 2011, was a motion to dismiss for failure to state a claim. Fed. R. Civ. P. 12(b)(6). On December 21, 2011, Defendants filed a request to withdraw their motion to dismiss.

Based on the foregoing, it is HEREBY ORDERED that Defendants' request is granted, their motion to dismiss is withdrawn, and they shall file a response to Plaintiff's amended complaint within thirty (30) days from the date of service of this order.

IT IS SO ORDERED.

20111222

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