Palmer v. Woodford et al

Filing 111

ORDER DISMISSING Certain Claims and Defendants and Referring Action Back to Magistrate, signed by District Judge Lawrence J. O'Neill on 6/23/2012. Within thirty days from the date of service of this order, Defendants Jordnt and Bardonnex shall file an answer to the second amended complaint or other responsive pleading. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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WILL MOSES PALMER, III,

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CASE NO. 1:06-cv-00512-LJO-BAM PC

Plaintiff,

ORDER DISMISSING CERTAIN CLAIMS AND
DEFENDANTS AND REFERRING ACTION
BACK TO MAGISTRATE

v.
JEANNE WOODFORD, et al.,

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(ECF No. 109)

Defendants.

THIRTY DAY DEADLINE
/

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Plaintiff Will Moses, Palmer, III (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. On June 8, 2012, the Magistrate screened Plaintiff’s

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second amended complaint, and found it stated a claim against Defendants Lopez, Jordnt, and

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Bardonnex for retaliation and denial of access to the courts in violation of the First Amendment, but

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does not state any other claims for relief under section 1983. 28 U.S.C. § 1915A. Plaintiff was

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ordered to either file an amended complaint or notify the Court of his willingness to proceed only

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on the claims found to be cognizable. On June22, 2012, Plaintiff filed a notice stating that he does

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not wish to amend and is willing to proceed only on his cognizable First Amendment claims.

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Accordingly, based on Plaintiff’s notice, it is HEREBY ORDERED that:

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1.

This action shall proceed as one for money damages against Defendants Lopez,

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Jordnt, and Bardonnex for retaliation and denial of access to the courts in violation

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of the First Amendment;

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2.

Plaintiff’s retaliation claim against Defendant Munoz is dismissed, with prejudice,
for failure to state a claim;
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3.

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Plaintiff’s claims based upon the damage to his television set, and claims for
declaratory and injunctive relief are dismissed, with prejudice;

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4.

Within thirty days from the date of service of this order, Defendants Jordnt and

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Bardonnex shall file an answer to the second amended complaint or other responsive

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pleading; and

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5.

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IT IS SO ORDERED.

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Dated:
b9ed48

This action is referred back to the Magistrate Judge.

June 23, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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