Opinion
CASE NO. 1:08-cv-00371-AWI-SKO PC Doc. 39
01-12-2012
JUDITH ANN BARNETT, Plaintiff, v. SURYADEVARA, et al., Defendants.
ORDER REQUIRING DEFENDANTS TO FILE STIPULATION TO DISMISS WITHOUT
PREJUDICE OR OTHERWISE RESPOND TO PLAINTIFF'S REQUEST FOR DISMISSAL
TEN-DAY DEADLINE
Plaintiff Judith Ann Barnett, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on March 14, 2008. On January 11, 2012, Plaintiff filed a notice of voluntary dismissal. At this stage in the proceedings, this action cannot be voluntarily dismissed based on Plaintiff's notice and in the absence of a court order, unless a stipulation to dismiss is signed by all parties. Fed. R. Civ. P. 41(a)(1)(A).
Accordingly, within ten (10) days from the date of service of this order, Defendants shall either (1) file a notice of stipulation to the dismissal of this action without prejudice, as Plaintiff requests, or (2) file a response setting forth the grounds for not stipulating to Plaintiff's request and/or stating what alternative relief is sought. IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE