Lafonzo R Turner v. Matthew Cates et al

Northern District of California, cand-4:2015-cv-03067

ORDER FOR CLARIFICATION. Signed by Magistrate Judge Kandis A. Westmore on 2/12/16.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LAFONZO R. TURNER, 8 Case No. 15-cv-03067-KAW (PR) Plaintiff, 9 ORDER FOR CLARIFICATION FROM v. PLAINTIFF REGARDING MOTION 10 FOR VOLUNTARY DISMISSAL P A RISENHOOVER, 11 Defendant. 12 Northern District of California United States District Court 13 14 Plaintiff Lafonzo R. Turner, a prisoner at California State Prison, Sacramento, filed this 15 pro se civil rights case against Physician's Assistant Risenhoover, an employee at Pelican Bay 16 State Prison, where Plaintiff was previously incarcerated. Plaintiff originally filed this case in the 17 Central District of California and, on June 25, 2015, the claim against Risenhoover was severed 18 and transferred from the Central District to this district. On December 2, 2015, Defendant 19 Risenhoover filed a motion to revoke Plaintiff's in forma pauperis ("IFP") status under 28 U.S.C. 20 § 1915(g), which Plaintiff has opposed. 21 On January 21, 2016, Plaintiff filed a motion for voluntary dismissal of the claims against 22 the City of Sacramento under Federal Rule of Civil Procedure 41(a)(i) and (ii). However, the only 23 defendant in this action is Risenhoover. Defendant Risenhoover has responded that she does not 24 oppose Plaintiff's motion to dismiss his action against her, if that is what he intended to do. 25 Therefore, the Court requests Plaintiff to clarify whether he filed the motion for voluntary 26 dismissal of the claim against the City of Sacramento in this case in error or whether he seeks to 27 dismiss his case against Risenhoover. Plaintiff shall file a declaration clarifying this issue within 28 twenty-eight days from the date of this Order. If Plaintiff fails to respond within this time, the 1 Court shall consider that the motion for voluntary dismissal was filed in error and rule on 2 Defendant's motion to revoke Plaintiff's IFP status. 3 IT IS SO ORDERED. 4 Dated: February 12, 2016 5 ______________________________________ KANDIS A. WESTMORE 6 United States Magistrate Judge 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2