King v. Deathriage

Full title: MICHAEL STEVEN KING, Plaintiff, v. DEATHRIAGE, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 7, 2015

1:14-cv-00111-LJO-GSA-PC (E.D. Cal. Jan. 7, 2015)

Opinion

MICHAEL STEVEN KING, Plaintiff, v. DEATHRIAGE, et al., Defendants. No. 1:14-cv-00111-LJO-GSA-PC United States District Court, Eastern District of California January 7, 2015

          ORDER GRANTING DEFENDANTS' REQUEST TO WITHDRAW MOTION FOR SUMMARY JUDGMENT (Doc. 22.) ORDER WITHDRAWING MOTION FOR SUMMARY JUDGMENT FROM COURT'S CALENDAR (Doc. 17.)

          GARY S. AUSTIN UNITED STATES MAGISTRATE JUDGE

         Michael Steven King ("Plaintiff) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This action now proceeds on the original Complaint filed by Plaintiff on January 27, 2014, against defendants Sergeant Deathriage, Correctional Officer (C/O) J. Martinez and C/O Briones for use of excessive physical force, and against defendant LVN A. Angulo for denial of medical care.¹ (Doc. 1.)

1 On October 9, 2014, the Court issued an order dismissing all other claims and defendants from this action, for failure to state a claim. (Doc. 11.)

         On December 29, 2014, defendants Deathridge, Martinez, Briones, and Angelo ("Defendants") filed a motion for summary judgment. (Doc. 17.) On January 6, 2015, Defendants filed a request to withdraw the motion for summary judgment. (Doc. 22.) Good cause appearing, Defendants' request to withdraw shall be granted.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Defendants' request to withdraw their motion for summary judgment is GRANTED; and

         2. Defendants' motion for summary judgment, filed on December 29, 2014, is WITHDRAWN from the Court's calendar.

         IT IS SO ORDERED.