Opinion
Case No. 2:12-CV-2647-TLN-JFM (PC)
04-28-2013
ROBERT D. FRANKLIN, Plaintiff, v. WHITTEN, et al., Defendants.
CARTER C. WHITE, SBN # 164149 U.C. Davis Civil Rights Clinic Attorney for Plaintiff, ROBERT D. FRANKLIN Misha D. Igra Supervising Deputy Attorney General Counsel for Defendants Whitten and Marin
CARTER C. WHITE, SBN # 164149
U.C. Davis Civil Rights Clinic
Attorney for Plaintiff, ROBERT D. FRANKLIN
STIPULATION AND ORDER
ALLOWING PLAINTIFF TO
WITHDRAW HIS MOTION FOR LEAVE
TO AMEND COMPLAINT WITHOUT
PREJUDICE
On March 21, 2013, Plaintiff Robert D. Franklin filed a pleading seeking to amend the complaint in this action to include allegations of harassment and retaliation against officials at Avenal State Prison, Warden Wofford, Correctional Officer Ruiz, and Correctional Officer Villagrana, for incidents alleged to have occurred at Avenal State Prison. (ECF No. 12). The parties hereby stipulate and ask the Court to enter as an Order that Plaintiff be allowed to withdraw his motion for leave to amend, and that the motion be denied without prejudice to Plaintiff filing another action against the above Defendants in an appropriate venue at a later date.
The purpose of this stipulation is that the parties have reached a settlement agreement involving the claims in the Plaintiff's Original Complaint in this action (ECF No. 1), as well as in another action of the Plaintiff, No. 2:07-cv-0656 JAM CKD, Franklin v. Butler, et al., United States District Court for the Eastern District of California. The parties' global settlement of these two cases is contingent on the Court granting this stipulation.
It is so stipulated.
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Carter C. White
Counsel for Plaintiff Robert D. Franklin
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Misha D. Igra
Supervising Deputy Attorney General
Counsel for Defendants Whitten and Marin
In accordance with the parties' stipulation, the Plaintiff's motion for leave to amend complaint, filed March 21, 2013 (ECF No. 12) is denied without prejudice.
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DALE A. DROZD
UNITED STATES MAGISTRATE JUDGE