(PC) Alarcon v. Xoyatom, et al., No. 1:2017cv01632 - Document 45 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS that case be dismissed without prejudice. ORDER vacating Settlement Conference and vacating Order to produce Plaintiff for testimony 24 , 29 , 42 signed by Magistrate Judge Jeremy D. Peterson on 9/30/2019. Referred to Judge Anthony W. Ishii. Objections due within 14-Days. (Lundstrom, T)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 Case No. 1:17-cv-01632-AWI-JDP LOUIS A. ALARCON, 13 14 FINDINGS AND RECOMMENDATIONS THAT Plaintiff, CASE BE DISMISSED WITHOUT PREJUDICE OBJECTIONS DUE IN FOURTEEN DAYS v. ORDER VACATING SETTLEMENT CONFERENCE AND VACATING ORDER TO PRODUCE PLAINTIFF FOR TESTIMONY 15 16 17 C. XOYOUDOM, et al., Defendants. ECF Nos. 24, 29, and 42 18 19 20 Findings and recommendations 21 Plaintiff has filed a motion to dismiss his case. ECF No. 41. Because defendants have filed 22 an answer, ECF No. 17, Federal Rule 41 requires a court order for a dismissal at plaintiff’s 23 request. I find dismissal proper and recommend that this case be dismissed without prejudice. 24 These findings and recommendations are submitted to the U.S. district judge presiding over 25 the case under 28 U.S.C. § 636(b)(1)(B) and Local Rule 304. Within fourteen days of the service 26 of the findings and recommendations, the parties may file written objections to the findings and 27 recommendations with the court and serve a copy on all parties. That document must be 28 1 captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The presiding 2 district judge will then review the findings and recommendations under 28 U.S.C. § 636(b)(1)(C). 3 Order 4 The settlement conference currently scheduled for October 2 is vacated. ECF Nos. 24, 29. 5 The order and writ for plaintiff to testify at the conference is also vacated. ECF No. 42. 6 7 IT IS SO ORDERED. 8 Dated: September 30, 2019 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. 205

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.