Allen v. Stanislaus County et al

Filing 11

ORDER DISMISSING Certain Claims and Parties From Action for Failure to State a Claim and Referring Matter Back to Magistrate Judge for Further Proceedings, signed by District Judge Anthony W. Ishii on 4/29/2014. Defendants White, Wright, Escarceza and McLeland terminated. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COLUMBUS ALLEN, JR.

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Plaintiff,
v.
STANISLAUS COUNTY, et al.,
Defendants.

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Case No.: 1:13-cv-00012-AWI-SAB (PC)
ORDER DISMISSING CERTAIN CLAIMS AND
PARTIES FROM ACTION FOR FAILURE TO
STATE A COGNIZABLE CLAIM AND
REFERRING MATTER BACK TO MAGISTRATE
JUDGE FOR FURTHER PROCEEDINGS
[ECF No. 1, 7, 10]

Plaintiff Columbus Allen, Jr. is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.

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On January 8, 2014, the Magistrate Judge screened Plaintiff’s complaint and determined that it

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stated cognizable claims for relief against Defendants County of Stanislaus, Puthuff, Christianson,

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Captain Duncan, and Lieutenant Lloyd for denial of outdoor exercise, against Defendants Lieutenant

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Suarez, Sergeant Galles, Sergeant Truffa, Mauldin, Meyers, and Williams for a due process violation

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for denial of access to telephone privileges, against Defendants Sergeant Radza, Williams, Aziz,

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Maze, and Cardoza for failure to protect, and against Defendants Lieutenant Clifton, Sergeant Radza,

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and Cardoza for retaliation.

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complaint did not state any other claims for relief against any other parties. Plaintiff was ordered to

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either file an amended complaint or notify the Court of his willingness to proceed against on the

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claims found to be cognizable.

28 U.S.C. § 1915A.

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The Magistrate Judge found that Plaintiff’s

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On February 27, 2014, Plaintiff filed a notice stating that he does not wish to file an amended
complaint and he agrees to proceed only on the claims found to be cognizable.

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Accordingly, based on Plaintiff’s notice, the Court HEREBY ORDERS as follows:

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1.

This action shall proceed against Defendants County of Stanislaus, Puthuff,

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Christianson, Captain Duncan, and Lieutenant Lloyd for denial of outdoor exercise, against

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Defendants Lieutenant Suarez, Sergeant Galles, Sergeant Truffa, Mauldin, Meyers, and Williams for

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a due process violation for denial of access to telephone privileges, against Defendants Sergeant

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Radza, Williams, Aziz, Maze, and Cardoza for failure to protect, and against Defendants Lieutenant

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Clifton, Sergeant Radza, and Cardoza for retaliation;

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2.

All other claims and defendants are dismissed from this action for failure to state a

claim; and
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This action is referred back to the Magistrate Judge to initiate service of process.

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IT IS SO ORDERED.

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Dated: April 29, 2014

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SENIOR DISTRICT JUDGE

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