Crane v. Yates et al

Filing 14

ORDER signed by Judge Oliver W. Wanger on 7/12/2011 dismissing claims found to be not cognizable and dismissing defendants Wilson, James A. Yates, M. Martin and M.E. Spearman. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAMES CRANE,

CASE NO. 1:10-cv-02373-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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JAMES A YATES, et al,
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Defendants.
/

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ORDER
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James Crane (“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
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December 21, 2010. (ECF No. 1.) Pursuant to 28 U.S.C. § 1915A, the Court screened
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Plaintiff’s Complaint on June 24, 2011, and found that Plaintiff only stated cognizable
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claims against Defendant Aguirre for violations under the Eighth Amendment. (ECF No.
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11.) 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 July 6, 2011, Plaintiff gave notice of his willingness to proceed
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on the cognizable Eighth Amendment claim against Defendant Aguirre. (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 excessive force claim

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against Defendant Aguirre;
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2.

All claims, other than the Eighth Amendment Excessive Force Claim against

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Defendant Aguirre, are DISMISSED; and

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3.

Defendants James A Yates, M. E. Spearman, Wilson, and M. Martin are
DISMISSED.

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IT IS SO ORDERED.

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Dated:
July 12, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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