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Midel Jackson v. Matthew Cates

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


December 14, 2010

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

ORDER

Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 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 October 27, 2010, the court found that plaintiff had stated sufficient charging allegations against defendants Anices, Aquilizan, Cano, Della Cruz, Desimon, Lopez, Palagummi, Petit, Romero, Zachariah, and Zapata and informed plaintiff he could proceed against those defendants only or file an amended complaint that also states a claim against the remaining defendants. The court also informed plaintiff that the court would consider his decision to proceed only as to defendants Anices, Aquilizan, Cano, Della Cruz, Desimon, Lopez, Palagummi, Petit, Romero, Zachariah, and Zapata as consent to the dismissal of the other defendants. On November 12, 2010, plaintiff returned documents for service against defendants Anices, Aquilizan, Cano, Della Cruz, Desimon, Lopez, Palagummi, Petit, Romero, Zachariah, and Zapata, and on November 23, 2010, plaintiff returned a signed form consenting to the dismissal of defendants Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas.

Accordingly, IT IS HEREBY ORDERED that plaintiff's claims against defendants Cates, Furr, Fredrick, Parerra, Spangler, Colon, and Islas are dismissed without prejudice.

20101214

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