Fields v. Masiel et al

Filing 17

ORDER DISMISSING Certain Claims and Defendants, and REFERRING Matter Back to Magistrate Judge to Initiate Service of Procees, signed by Chief Judge Anthony W. Ishii on 12/23/11: Action shall proceed against Defendants Masiel, Aguirre and Hernandez. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEVIN FIELDS,

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Plaintiff,

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CASE NO. 1:10-cv–01699-AWI-BAM PC
ORDER DISMISSING CERTAIN CLAIMS
AND DEFENDANTS, AND REFERRING
MATTER BACK TO MAGISTRATE JUDGE
TO INITIATE SERVICE OF PROCESS

v.
JOSE MASIEL, et al.,

(ECF No. 14)
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Defendants.
/

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Plaintiff Kevin Fields is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. On November 29, 2011, the Magistrate Judge screened

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Plaintiff’s complaint, and found that it states a claim against Defendants Masiel, Aguirre, and

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Hernandez for retaliation in violation of the First Amendment, but does not state any other claims

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for relief under section 1983. 28 U.S.C. § 1915A. An order issued directing Plaintiff to either file

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an amended complaint or notify the Court of his willingness to proceed only on the claim found to

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be cognizable. On December 20, 2011, Plaintiff filed a notice stating that he does not wish to amend

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and is willing to proceed only on his cognizable retaliation claim.

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

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1.

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This action shall proceed against Defendants Masiel, Aguirre, and Hernandez for
retaliation in violation of the First Amendment for monetary damages;

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Plaintiff’s Eighth Amendment claims are dismissed, with prejudice, for failure to
state a claim; and

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This matter is referred back to the Magistrate Judge.

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IT IS SO ORDERED.

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Dated:
ciem0h

December 23, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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