Jaimes v. Herrera, et al.

Filing 17

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 JUAN JAIMES, 12 Plaintiff, 13 14 vs. S. HERRERA, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) 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 16 Plaintiff Juan Jaimes (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action. Plaintiff filed this action on November 21, 2013.1 19 20 21 22 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. 23 The Court ordered Plaintiff to file an amended complaint or notify the Court of his willingness to 24 25 proceed only on these claims. On November 17, 2014, Plaintiff filed a motion for extension of time. The Court granted 26 27 28 the motion on November 21, 2014. On December 29, 2014, Plaintiff filed a second motion for 1 Plaintiff consented to the jurisdiction of the Magistrate Judge on December 6, 2013. 1 1 2 3 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. 4 ORDER 5 Accordingly, IT IS HEREBY ORDERED that: 6 7 8 9 10 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 11 violation of the Eighth Amendment against Defendant Torres; and 3) battery against Defendants 12 Herrera and Lozano; and 13 14 3. The remaining claims, as well as Defendants Harden, Molina, Akanno, Moreno, and Buschbacker, are DISMISSED from this action. 15 16 17 18 IT IS SO ORDERED. Dated: /s/ Dennis February 11, 2015 L. Beck UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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