Ransom v. Gonzalez et al

Filing 17

ORDER DISMISSING Claims and Defendants signed by Magistrate Judge Gary S. Austin on 8/8/2012. (Sant Agata, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

LEONARD RANSOM, JR.,

10
11
12

Plaintiff,
v.
C/O R. NUNEZ, et al.,

13

Defendants.

14

) CASE NO. 1:10-cv-00397 GSA PC
)
) ORDER DISMISSING CLAIMS AND
) DEFENDANTS
)
)
)
)
)
)
)
/

15
16

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action

17

pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to

18

28 U.S.C. § 636(c).

19

This action proceeds on the June 29, 2012, first amended complaint. On July 18, 2012, the

20

Court issued an order finding that Plaintiff’s first amended complaint states cognizable claims

21

against Defendants Saul Ochoa, Gina Marquez, Ralph Nunez, R. Marquez, Daniel Nava and M.

22

Amador for excessive force and against Defendants R. Marquez, Daniel Nava, Sgt. Ybarra and Lt.

23

Sandoval for failure to protect Plaintiff. The Court noted that the first amended complaint did not

24

state a cognizable claim regarding Plaintiff’s disciplinary process or any other defendants. The

25

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

26

proceed only on the claims found to be cognizable. On July 30, 2012, Plaintiff notified the Court

27

that he does not wish to amend and is willing to proceed on the claims found cognizable. Based on

28

Plaintiff’s notice, this order now issues. See Noll v. Carlson, 809 F. 2d 1446, 1448 (9th Cir. 1987)
1

1

(prisoner must be given notice of deficiencies and opportunity to amend prior to dismissing for

2

failure to state a claim).

3

Further, on August 3, 2012, Plaintiff filed a document titled as a “motion to delete

4

defendants.” Plaintiff seeks to voluntarily dismiss Defendants Tyson, Lunsford, Gonzalez, Gina

5

Marquez and Saul Ochoa. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A) (i), Plaintiff may

6

dismiss a party on his own motion so long as an answer or motion for summary judgment has not

7

been filed by. No appearance has been made by any defendant, and no response has been filed.

8

Accordingly, it is HEREBY ORDERED that:

9

1.

Plaintiff’s claim regarding his disciplinary process is dismissed.

10

2.

Defendants Daniel Gonzalez and Sergeant Ybarra are dismissed for Plaintiff’s

11

failure to state any claims against them.

12

3.

13

Defendants Saul Ochoa, Harold Tyson, Eric Lunsford, Daniel Gonzalez and Gina
Marquez are dismissed without prejudice on Plaintiff’s motion.

14
15
16
17

IT IS SO ORDERED.

18

Dated:
6i0kij

August 8, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27
28
2