Opinion
No. 2:12-cv-0362 JAM AC P
03-07-2013
ROYALTON McCAMEY, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER
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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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE