IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 30, 2012
EDWARD R. WEBB, PLAINTIFF,
CALIFORNIA DEPT. OF CORRECTIONS, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff is a state prisoner proceeding pro se and in forma pauperis who seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff has consented to this court's jurisdiction (Docket No. 5).
By order filed April 12, 2012, the court determined that plaintiff had stated a colorable Eighth Amendment claim against defendant Wong. The court also dismissed with leave to amend plaintiff's: (1) Eighth Amendment claims against defendants California Department of Corrections and D.V.I. Correctional Institution; and (2) First Amendment retailiation claims against all defendants. In the April 12, 2012 order, the court advised plaintiff that, if he chose not to amend his complaint, the action would proceed only on plaintiff's Eighth Amendment claims against defendant Wong. To date, plaintiff has not filed an amended complaint.
Accordingly, IT IS HEREBY ORDERED that defendants California Department of Corrections and D.V.I. Correctional Institute are dismissed from this action without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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