Chavez v. Kings County et al

Filing 9

ORDER Directing that Action Proceed Against Defendant Castro for Excessive Force, Assault and Battery and Dismissing Other Claims and Parties, signed by District Judge Anthony W. Ishii on 11/21/2013. Gibson (Warden), J. Gonzales (Lieutenant), J. Keener (Lieutenant), Kings County, S. Longoria (Correctional Officer), L. A. Martinez (Sergeant), B. Simmons (Correctional Officer), California Department of Corrections and Rehabilitation and H. Florez (Correctional Officer) terminated. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN CHAVEZ,
Plaintiff,

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ORDER DIRECTING THAT ACTION
PROCEED AGAINST DEFENDANT
CASTRO FOR EXCESSIVE FORCE,
ASSAULT, AND BATTERY, AND
DISMISSING OTHER CLAIMS AND
PARTIES

v.

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Case No. 1:13-cv-00342-AWI-SKO PC

KINGS COUNTY, et al.,
Defendants.

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(Docs. 1, 7, and 8)
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ORDER REFERRING MATTER BACK TO
MAGISTRATE JUDGE TO INITIATE
SERVICE OF PROCESS

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_____________________________________/

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Plaintiff Juan Chavez, a state prisoner proceeding pro se and in forma pauperis, filed this

20 civil rights action pursuant to 42 U.S.C. § 1983 and California law on March 13, 2013. On
21 October 30, 2013, the Magistrate Judge screened Plaintiff’s complaint and determined that it
22 stated cognizable claims for relief against Defendant E. Castro for using excessive physical force,
23 in violation of the Eighth Amendment of the United States Constitution, and for assault and
24 battery under state law.

28 U.S.C. § 1915A.

The Magistrate Judge found that Plaintiff’s

25 complaint did not state any other claims for relief against any other parties. Plaintiff was ordered
26 to either file an amended complaint or notify the Court of his willingness to proceed against
27 Defendant Castro on those claims found to be cognizable.
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On November 20, 2013, Plaintiff filed a notice stating that he does not wish to file an

2 amended complaint and he agrees to proceed only against Defendant Castro. Accordingly, based
3 on Plaintiff’s notice, the Court HEREBY ORDERS as follows:
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1.

This action shall proceed against Defendant E. Castro for excessive force in

5 violation of the Eighth Amendment and for assault and battery under California law;
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2.

All other claims are dismissed from this action for failure to state a claim;

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3.

Defendants

Kings

County;

California

Department

of

Corrections

and

8 Rehabilitation; Warden Gibson; Lieutenant J. Keener; Sergeants J. Gonzales and L. A. Martinez;
9 and Correctional Officers H. Florez, B. Simmons, and S. Longoria are dismissed from this action
10 for failure to state a claim; and
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4.

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

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IT IS SO ORDERED.

14 Dated: November 21, 2013

SENIOR DISTRICT JUDGE

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