Stafford vs. Brazelton

Filing 25

ORDER DISMISSING Certain Claims and Defendants, signed by Magistrate Judge Dennis L. Beck on 7/9/13: This action will PROCEED against Defendants DOTSON and TUCKER; All further claims are DISMISSED; and Defendants Brazelton, Shannon, Lara, Patterson, Olaes, Lantz, Santoya and Avila are DISMISSED from this action. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN KEITH STAFFORD,
Plaintiff,

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v.

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P. J. BRAZELTON, et al.,
Defendants.

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) Case No.: 1:12cv01675 DLB (PC)
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) ORDER DISMISSING CERTAIN
) CLAIMS AND DEFENDANTS
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Plaintiff Brian Keith Stafford (“Plaintiff”), a state prisoner proceeding pro se and in forma
pauperis, filed this civil rights action on June 28, 2012.1 Plaintiff filed a Second Amended Complaint

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on December 21, 2012.
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On June 24, 2013, the Court screened the Second Amended Complaint and found that it stated
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the following cognizable claims: (1) excessive force in violation of the Eighth Amendment against
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Defendant Tucker; and (2) violation of procedural due process against Defendant Dotson. The Court
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required Plaintiff to either file an amended complaint or notify the Court of his willingness to proceed
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on the cognizable claims.
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On July 8, 2013, Plaintiff notified the Court of his willingness to proceed only on these claims.
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Plaintiff will be instructed on service by separate order.
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On October 31, 2012, Plaintiff consented to the jurisdiction of the United States Magistrate Judge.

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Accordingly, IT IS HEREBY ORDERED:

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1.

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This action will PROCEED on the following claims: (1) excessive force in violation of
the Eighth Amendment against Defendant Tucker; and (2) violation of procedural due

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process against Defendant Dotson;

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2.
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All further claims are DISMISSED; and
Defendants Brazelton, Shannon, Lara, Patterson, Olaes, Lantz, Santoya and Avila are

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DISMISSED from this action.

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IT IS SO ORDERED.

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Dated:
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/s/ Dennis

July 9, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Sig nature-END:

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