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Jose B. Ortiz v. J. Reynolds

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


December 8, 2010

JOSE B. ORTIZ, PLAINTIFF,
v.
J. REYNOLDS, ET AL., DEFENDANTS.

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).

On October 1, 2010, the court screened plaintiff's complaint, found that it did not state cognizable claims against Reynolds, Swingle, Kimura, and Walker and explained to plaintiff that he either could proceed with his action solely against defendant Miranda, or file an amended complaint in an attempt to state a claim also against Reynolds, Swingle, Kimura, and Walker. On October 29, 2010, plaintiff submitted the documents necessary for service on defendant Miranda along with a Notice of Submission of Documents, indicating that plaintiff elects to proceed solely against defendant Miranda and consents to dismissal of all claims against Reynolds, Swingle, Kimura, and Walker.

Accordingly, it is hereby ORDERED that defendants Reynolds, Swingle, Kimura, and Walker are dismissed from this action.

20101208

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