Franklin v. Felker

Full title: LEROY FRANKLIN, Plaintiff, v. T. FELKER, et al., Defendants

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

Date published: Sep 21, 2011

No. 2: 11-cv-2055 KJN P (E.D. Cal. Sep. 21, 2011)

Opinion

No. 2: 11-cv-2055 KJN P.

September 21, 2011

ORDER

KENDALL NEWMAN, Magistrate Judge

Plaintiff is a state prisoner proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the undersigned. (Dkt. No. 6.)

Pursuant to this court's screening of plaintiff's original complaint pursuant to 28 U.S.C. § 1915A(a), the court found that the complaint may state cognizable claims against defendant Hackworth, but did not state a claim against defendants Felker, Castro, Harrod, Grannis, Allen and McDonald. (Dkt. No. 4.) The court gave plaintiff the option of proceeding on his original complaint or filing an amended complaint that added a cognizable claim against defendants Felker, Castro, Harrod, Grannis, Allen and McDonald. Plaintiff chose to proceed on his original complaint against defendant Hackworth, effectively choosing to terminate this action against defendants Felker, Castro, Harrod, Grannis, Allen and McDonald.

Accordingly, IT IS ORDERED that defendants Felker, Castro, Harrod, Grannis, Allen and McDonald are dismissed from this action.

DATED: September 20, 2011