IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 7, 2013
ROYALTON MCCAMEY, PLAINTIFF,
CALIFORNIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Allison Claire United States Magistrate Judge
Plaintiff filed this action as a state prisoner proceeding pro se seeking relief pursuant to 42 U.S.C. § 1983. Plaintiff has moved for voluntary dismissal of defendant Dr. Lipson from this case. Defendant Lipson has not filed an answer or a motion for summary judgment. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(I), defendant Dr. Lipson is dismissed.
Accordingly, IT IS ORDERED that:
1. Pursuant to plaintiff's request at ECF No. 41, the Clerk of Court shall note in the case docket that defendant Lipson has been voluntarily dismissed pursuant to Rule 41(a)(1)(A)(I);
2. Defendant Lipson's motion to dismiss (ECF No. 14) is vacated from the court's calendar as moot;
3. Proceedings continue as to the motion to dismiss (ECF No. 31) filed on behalf of defendants Malet and Awatami; in accordance with the court's order (ECF No. 39) and defendants' (second) re-service at ECF No. 40, plaintiff has until March 26, 2013 to file his opposition, after which defendants have seven days to file a reply.
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