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Reyes v. Bello

United States District Court, Ninth Circuit, California, E.D. California
Jun 15, 2015
2:15-cv-0140 KJN P (E.D. Cal. Jun. 15, 2015)

Opinion


SHANE MYRON REYES, Plaintiff, v. LVN Bello, et al., Defendants. No. 2:15-cv-0140 KJN P United States District Court, E.D. California. June 15, 2015

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Plaintiff is a state prisoner, proceeding without counsel. Plaintiff consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). By order filed May 14, 2015, plaintiff's claims against defendants Dailey, Reed, Fredrickson (for June 12 and 16, 2014 incidents), Dr. Ho, Dr. Ross, Mr. Johnson, and Dr. Kitt, were dismissed with leave to amend. Plaintiff was granted the option to consent to dismiss such claims and proceed on the amended complaint or to file a second amended complaint to attempt to state cognizable claims against those defendants. On June 3, 2015, plaintiff filed a notice in which he consented to the dismissal of defendants Dailey, Reed, Fredrickson (for June 12 and 16, 2014 incidents), Dr. Ho, Dr. Ross, Mr. Johnson, and Dr. Kitt, without prejudice. (ECF No. 33.)

         In accordance with the above, IT IS HEREBY ORDERED that:

         1. Defendants Dailey, Reed, Dr. Ho, Dr. Ross, Mr. Johnson, and Dr. Kitt, are dismissed without prejudice; and

         2. Plaintiff's claims against defendant Fredrickson, based on the June 12 and 16, 2014 incidents, are dismissed without prejudice.

Plaintiff's claims against defendant Fredrickson based on the June 23, 2014 incident were found to state a potentially cognizable civil rights claim (ECF No. 32 at 10), and such claims are not dismissed by this order.


Summaries of

Reyes v. Bello

United States District Court, Ninth Circuit, California, E.D. California
Jun 15, 2015
2:15-cv-0140 KJN P (E.D. Cal. Jun. 15, 2015)
Case details for

Reyes v. Bello

Case Details

Full title:SHANE MYRON REYES, Plaintiff, v. LVN Bello, et al., Defendants.

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

Date published: Jun 15, 2015

Citations

2:15-cv-0140 KJN P (E.D. Cal. Jun. 15, 2015)