Mitchell v. Gipson et al

Filing 9

ORDER Dismissing Certain Claims and Defendants, signed by Magistrate Judge Dennis L. Beck on 4/2/13. D. Foston, Connie Gipson, A. Gutierrez, S. Johnson, R. Juarez, D. Leon, United States Postal Service, K. J. Allen and Matthew Cate terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HENRY M. MITCHELL,

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Plaintiff,

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vs.
CONNIE GIPSON, et al.,

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Defendants.

) 1:12cv00469 DLB PC
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) ORDER DISMISSING CERTAIN
) CLAIMS AND DEFENDANTS
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Plaintiff Henry M. Mitchell (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 28 U.S.C. § 1983. He paid the filing fee and is therefore not proceeding

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in forma pauperis. Plaintiff filed his complaint on March 12, 2012.1

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On February 27, 2013, the Court screened Plaintiff’s complaint and found that Plaintiff
stated a cognizable claim for violation of the First Amendment against Defendants Bolen and
Seifert. The Court ordered him to either notify the Court that he is willing to proceed on the

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cognizable claim, or file an amended complaint.
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On March 29, 2013, Plaintiff filed a notice in which he indicated that he agreed to

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proceed on the cognizable claim against Defendants Bolen and Seifert. Plaintiff further agreed
that all other claims and Defendants should be dismissed.
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Plaintiff consented to the jurisdiction of the United States Magistrate Judge on April 30, 2012.
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Accordingly, this action SHALL proceed on Plaintiff’s complaint, filed on March 12,
2012, against Defendant Bolen and Seifert for violation of the First Amendment.

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Plaintiff’s First Amendment access to courts claim and due process claim are
DISMISSED. Defendants Gipson, Leon, Gutierrez, Juarez, Johnson, Allen, Foston, Cate and the

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United States Postal Service are TERMINATED from this action.
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IT IS SO ORDERED.

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Dated:

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/s/ Dennis

April 2, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

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