Johnson v. Shaw, et al.

Filing 16

ORDER FINDING Certain Claims Cognizable and DISMISSING Certain Claims and Defendants signed by Magistrate Judge Dennis L. Beck on 12/2/2014. Shaw (Correctional Officer) and Tally (Nurse) terminated. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY JOHNSON,

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Plaintiff,

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vs.
C/O SHAW, et al.,

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Defendants.

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1:13-cv-00042 DLB PC
ORDER FINDING CERTAIN CLAIMS
COGNIZABLE AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS

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Plaintiff Timothy Johnson (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action. Plaintiff filed this action on January 3, 2013.1

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On October 20, 2014, the Court screened Plaintiff’s First Amended Complaint (“FAC”)
and found that it stated a First Amendment retaliation claim against Defendant Remotigoe. The
Court ordered Plaintiff to file an amended complaint or notify the Court of his willingness to
proceed only on this claim.

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On November 17, 2014, Plaintiff notified the Court that he wanted to proceed only on the
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cognizable claim against Defendant Remotigoe. Accordingly, the Court issues this Order to
dismiss the remaining claims and Defendants.

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Plaintiff consented to the jurisdiction of the Magistrate Judge on January 22, 2013.
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ORDER
Accordingly, IT IS HEREBY ORDERED that:
1. This action proceed on the First Amendment claim against Defendant Remotigoe; and
2. The remaining claims, as well as Defendants Shaw and Tally, are DISMISSED from
this action.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

December 2, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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