Jaimes v. Herrera, et al.
Filing
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ORDER GRANTING 15 Motion for Extension of Time; ORDER Finding Certain Claims Cognizable and DISMISSING Certain Claims and Defendants signed by Magistrate Judge Dennis L. Beck on 2/11/2015. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JUAN JAIMES,
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Plaintiff,
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vs.
S. HERRERA, et al.,
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Defendants.
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1:13-cv-01884 DLB PC
ORDER GRANTING MOTION FOR
EXTENSION OF TIME
[ECF No. 15]
ORDER FINDING CERTAIN CLAIMS
COGNIZABLE AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
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Plaintiff Juan Jaimes (“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 November 21, 2013.1
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On October 17, 2014, the Court screened Plaintiff’s Complaint and found that it stated
the following claims: 1) excessive force in violation of the Eighth Amendment against
Defendants Herrera, Lozano, and Torres; 2) failure to protect in violation of the Eighth
Amendment against Defendant Torres; and 3) battery against Defendants Herrera and Lozano.
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The Court ordered Plaintiff to file an amended complaint or notify the Court of his willingness to
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proceed only on these claims.
On November 17, 2014, Plaintiff filed a motion for extension of time. The Court granted
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the motion on November 21, 2014. On December 29, 2014, Plaintiff filed a second motion for
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Plaintiff consented to the jurisdiction of the Magistrate Judge on December 6, 2013.
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extension of time. On January 23, 2015, Plaintiff notified the Court that he wanted to proceed
only on the cognizable claims identified above. Accordingly, the Court issues this Order to
dismiss the remaining claims and Defendants.
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ORDER
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s motion for extension of time of December 29, 2014, is GRANTED nunc pro
tunc to January 23, 2015;
2. This action proceed on the following claims: 1) excessive force in violation of the
Eighth Amendment against Defendants Herrera, Lozano, and Torres; 2) failure to protect in
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violation of the Eighth Amendment against Defendant Torres; and 3) battery against Defendants
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Herrera and Lozano; and
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3. The remaining claims, as well as Defendants Harden, Molina, Akanno, Moreno, and
Buschbacker, are DISMISSED from this action.
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IT IS SO ORDERED.
Dated:
/s/ Dennis
February 11, 2015
L. Beck
UNITED STATES MAGISTRATE JUDGE
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