Jauregui v. Cate et al

Filing 46

ORDER signed by Magistrate Judge John F. Moulds on 11/7/2011 ORDERING that defendant Perez's 26 motion to dismiss is GRANTED; and Dr. Perez is DISMISSED from this action. (Yin, K)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 JORGE ROBLES JAUREGUI, Plaintiff, 8 9 No. 2:10-cv-2283 JAM JFM (PC) vs. 10 MATTHEW CATE, et al., 11 Defendants. / 12 13 ORDER Plaintiff is a state prisoner proceeding with appointed counsel with a civil rights 14 action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant Dr. Peter Perez’s 15 motion to dismiss. Prior to the appointment of counsel, plaintiff filed an opposition to the 16 motion. Upon appointment, counsel was directed to file a status report indicating whether or not 17 an amended opposition would be filed. Thereafter, counsel filed a notice of withdrawal of 18 opposition papers and a notice of non-opposition to the motion to dismiss. 19 In accordance with counsel’s notice, IT IS HEREBY ORDERED that defendant 20 Perez’s motion to dismiss is granted, and Dr. Perez is dismissed from this action. 21 DATED: November 7, 2011. 22 23 24 25 /014;jaur2283.mtd.stip 26 1

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