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CATO v. WESTPHAL

United States District Court, E.D. California
Feb 15, 2006
Case No. 1:02-CV-5486-REC-SMS-P (E.D. Cal. Feb. 15, 2006)

Opinion

Case No. 1:02-CV-5486-REC-SMS-P.

February 15, 2006


ORDER NOTIFYING PLAINTIFF THAT DISMISSAL WILL BE MADE WITH PREJUDICE, AND ALLOWING PLAINTIFF FIFTEEN DAYS WITHIN WHICH TO WITHDRAW HIS MOTION IF HE WISHES TO DO SO (Doc. 67)


Plaintiff James Cato, Jr. ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter is set for jury trial before the Honorable Robert E. Coyle on May 2, 2006. On February 13, 2006, Plaintiff filed a motion for voluntary dismissal. In his motion, Plaintiff states that he is unable to prosecute his case at this time due to being housed in administrative segregation.

Plaintiff is hereby notified that if the Court dismisses this action based on his notice of voluntary dismissal, the dismissal will be with prejudice. Fed.R.Civ.P. 41(a)(2). If Plaintiff wishes to withdraw his motion in light of this notice, he has fifteen (15) days within which to do so. If Plaintiff does not file any response to this order within fifteen days, this action will be dismissed, with prejudice.

IT IS SO ORDERED.


Summaries of

CATO v. WESTPHAL

United States District Court, E.D. California
Feb 15, 2006
Case No. 1:02-CV-5486-REC-SMS-P (E.D. Cal. Feb. 15, 2006)
Case details for

CATO v. WESTPHAL

Case Details

Full title:JAMES CATO, JR., Plaintiff, v. J.R. WESTPHAL, et al., Defendants

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

Date published: Feb 15, 2006

Citations

Case No. 1:02-CV-5486-REC-SMS-P (E.D. Cal. Feb. 15, 2006)