Agnes v. Joseph et al

Filing 13

ORDER DISMISSING Claims Found to be Not Cognizable and Defendants Associated With Such Claims, signed by Judge Oliver W. Wanger on 5/20/2011. Defendants Aye and Wasco State Prison Medical Service terminated. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MARK AGNES,

CASE NO. 1:10-cv-00807-OWW-GBC (PC)
Plaintiff,

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ORDER DISMISSING CLAIMS FOUND TO
BE NOT COGNIZABLE, AND
DEFENDANTS ASSOCIATED WITH SUCH
CLAIMS

v.
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NURSE JOSEPH, et al.,
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Defendants.
/

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ORDER
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Mark Agnes (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on May 10,
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2010. (ECF No. 1.) Pursuant to 28 U.S.C. § 1915A, the Court screened Plaintiff’s
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Complaint on April 28, 2011, and found that Plaintiff only stated cognizable claims against
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Defendants Joseph and Dixon for violations under the Eighth Amendment. (ECF No. 11.)
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The Court ordered Plaintiff to either cure the deficiencies highlighted in his Complaint
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through another amendment or notify the Court of his willingness to proceed on the
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cognizable claims. (Id.) On May 17, 2011, Plaintiff gave notice of his willingness to
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proceed on the cognizable deliberate indifference to a serious medical need claim against
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Defendants Joseph and Dixon. (ECF No. 12.)
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For the reasons stated above, it is HEREBY ORDERED that:
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1.

Action to proceed on Plaintiff’s Eighth Amendment deliberate indifference to

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serious medical need claim against Defendants Joseph and Dixon;
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Joseph and Dixon, are DISMISSED; and

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All claims, other than the Eighth Amendment Claim against Defendants

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Defendants Aye and Wasco State Prison Medical Service are DISMISSED.

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IT IS SO ORDERED.

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Dated:
May 20, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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