Sutherland v. Underwood

Filing 12

ORDER DISMISSING Claims Found to be Not Cognizable and Defendants Associated With Such Claims, signed by Judge Oliver W. Wanger on 7/5/2011. (Jessen, A)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

WILLIAM SUTHERLAND,

CASE NO. 1:10-cv-01767-OWW-GBC (PC)

Plaintiff,

10

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

v.
11
M. UNDERWOOD,
12
Defendant.
/

13
14

ORDER
15
William Sutherland (“Plaintiff”) is a state prisoner proceeding pro se and in forma
16
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action
17
on September 27, 2010. (ECF No. 1.) Pursuant to 28 U.S.C. § 1915A, the Court screened
18
Plaintiff’s Complaint on June 17, 2011, and found that Plaintiff only stated cognizable
19
claims against Defendant Underwood for violations under the Eighth Amendment. (ECF
20
No. 9.) The Court ordered Plaintiff to either cure the deficiencies highlighted in his
21
Complaint through another amendment or notify the Court of his willingness to proceed on
22
the cognizable claims. (Id.) On June 28, 2011, Plaintiff gave notice of his willingness to
23
proceed on the cognizable Eighth Amendment claim against Defendant Underwood. (ECF
24
No. 10.)
25
For the reasons stated above, it is HEREBY ORDERED that:
26
1.

Action to proceed on Plaintiff’s Eighth Amendment deliberate indifference

27
claim against Defendant Underwood;
28
1

1

2.

Underwood, are DISMISSED; and

2
3

All claims, other than the Eighth Amendment Claim against Defendant

3.

Defendant Does are DISMISSED.

4

IT IS SO ORDERED.

5

Dated:
July 5, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2