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Johnson v. Lee

United States District Court, E.D. California
Apr 13, 2011
No. CIV S-09-2076 EFB P (E.D. Cal. Apr. 13, 2011)

Opinion

No. CIV S-09-2076 EFB P.

April 13, 2011


ORDER


Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

By order filed February 9, 2011, the court found that plaintiff had stated a cognizable claims against defendants Lee and Chirilla and informed plaintiff he could proceed against those defendants or file an amended complaint to attempt to state additional cognizable claims against defendant Orrick. The court also informed plaintiff that it would consider plaintiff's decision to proceed only as to his claims against defendants Lee and Chirilla as consent to the dismissal of his claims against defendant Orrick. On March 7, 2011, plaintiff returned documents for service against defendants Lee and Chirilla, electing not to file an amended complaint to attempt to state a cognizable claim against defendant Orrick.

Accordingly, IT IS HEREBY ORDERED that plaintiff's claims against defendant Orrick are dismissed without prejudice.

Dated: April 12, 2011.


Summaries of

Johnson v. Lee

United States District Court, E.D. California
Apr 13, 2011
No. CIV S-09-2076 EFB P (E.D. Cal. Apr. 13, 2011)
Case details for

Johnson v. Lee

Case Details

Full title:CHESTER JOHNSON, Plaintiff, v. J. LEE, et al., Defendants

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

Date published: Apr 13, 2011

Citations

No. CIV S-09-2076 EFB P (E.D. Cal. Apr. 13, 2011)