Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Jackson v. Cates

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 15, 2010

MIDEL JACKSON, PLAINTIFF,
v.
MATTHEW CATES, ET AL., DEFENDANTS.

ORDER

Midel Jackson, an inmate confined at High Desert State Prison, filed this pro se civil rights action under 42 U.S.C. § 1983.

In its screening order of October 27, 2010, the court informed plaintiff that his complaint had stated cognizable claims, for purposes of 28 U.S.C. § 1915A against defendants Cano, Zapata, Lopez, Della Cruz, Romero, Anices, Desimone, Zachariah, Petit, Palagummi, and Aquilizan, but that the complaint did not state cognizable claims against defendants Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas. The court instructed plaintiff to either: (1) file an amended complaint to attempt to state cognizable claims against defendants Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas or (2) consent to dismissal of those defendants, return service documents for defendants Cano, Zapata, Lopez, Della Cruz, Romero, Anices, Desimone, Zachariah, Petit, Palagummi, and Aquilizan, and pursue his claims against only those defendants.

On November 10, 2010, plaintiff submitted three contradictory documents. Plaintiff submitted service documents for defendants Cano, Zapata, Lopez, Della Cruz, Romero, Anices, Desimone, Zachariah, Petit, Palagummi, and Aquilizan and a notice of document submission stating his consent to dismissal of defendants Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas. Dckt. No. 12. Plaintiff also submitted a declaration of "next-friend" Anthony R. Turner, who states that he assists plaintiff in the litigation of this action, attesting to (among other things) plaintiff's consent to the dismissal of defendants Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas and desire to proceed with service on the other defendants. Dckt. No. 13. However, plaintiff also submitted a document in which he attempts to cure the deficiencies in the complaint with regard to defendants Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas. Dckt. No. 14.

It is therefore unclear how plaintiff wishes to proceed. Plaintiff's submission at Docket No. 14 indicates to the court that plaintiff may wish to attempt to state cognizable claims against defendants Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas. If that is the case, plaintiff must submit an amended complaint in compliance with the order of October 27, 2010 rather than attempting to cure the deficiencies in the original complaint through a supplemental pleading such as Docket No. 14. If instead plaintiff wishes to proceed forthwith against defendants Cano, Zapata, Lopez, Della Cruz, Romero, Anices, Desimone, Zachariah, Petit, Palagummi, and Aquilizan, against whom the complaint stated cognizable claims for relief, and consent to dismissal of defendants Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas, he must inform the court unequivocally of that fact and the court will proceed to order service on those defendants.

Accordingly, the court hereby orders that within 30 days of the date of service of this order, plaintiff must either: (1) submit an amended complaint complying with the order of October 27, 2010 or (2) inform the court via the attached "Amended Notice of Submission of Documents" form that he wishes to proceed forthwith against defendants Cano, Zapata, Lopez, Della Cruz, Romero, Anices, Desimone, Zachariah, Petit, Palagummi, and Aquilizan and consents to dismissal of defendants Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas without prejudice.

AMENDED NOTICE OF SUBMISSION OF DOCUMENTS

In accordance with the court's order filed October 27, 2010, plaintiff hereby elects to:

(1) ______ consent to the dismissal of defendants Matthew Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas without prejudice;

OR

(2) ______ delay serving any defendant and file a first amended complaint in an attempt to state cognizable claims against defendants Matthew Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas.

20101115

© 1992-2010 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.