Sergio Tanori v. Biter et al

Filing 26

ORDER Finding Action Shall Proceed on Plaintiff's Claim of Excessive Force Against Defendants Robles and Herrera, Dismissing all other Claims and Defendants for Failure to State a Cognizable Claim for Relief and Referring Matter back to the Magistrate Judge for Initiation of Service of Process, signed by District Judge Anthony W. Ishii on 11/25/14. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SERGIO M. TANORI,

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Plaintiff,

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v.

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M. BITER, et al.,

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Defendants.

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Case No.: 1:13-cv-01888-AWI-SAB (PC)
ORDER FINDING ACTION SHALL PROCEED
ON PLAINTIFF’S CLAIM OF EXCESSIVE
FORCE AGAINST DEFENDANTS ROBLES AND
HERRERA, DISMISSING ALL OTHER CLAIMS
AND DEFENDANTS FOR FAILURE TO STATE
A COGNIZABLE CLAIM FOR RELIEF, AND
REFERRING MATTER BACK TO THE
MAGISTRATE JUDGE FOR INITIATION OF
SERVICE OF PROCESS
[ECF Nos. 1, 24, 25]

Plaintiff Sergio M. Tanori is appearing pro se in this civil rights action pursuant to 42 U.S.C. §
1983.

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Plaintiff filed the instant complaint on November 21, 2013.

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On November 5, 2014, the Magistrate Judge screened Plaintiff’s complaint and found that

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Plaintiff stated a cognizable claim for excessive force against Defendants Robles and Herrera only.

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Plaintiff was granted the option of either filing an amended complaint or notifying the Court of his

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intent to proceed on the claim of excessive force against Defendants Robles and Herrera.

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On November 20, 2014, Plaintiff notified the Court of his intent to proceed on the claim of

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excessive force against Defendants Robles and Herrera only and dismiss all other claims and

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defendants from the action.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Robles and Herrera;

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2.

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All other claims and defendants from the action for failure to state a cognizable claim
for relief; and

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This action shall proceed on Plaintiff’s claim of excessive force against Defendants

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The matter is referred back to the Magistrate Judge for initiation of service of process
as to Defendants Robles and Herrera.

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IT IS SO ORDERED.

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Dated: November 25, 2014

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SENIOR DISTRICT JUDGE

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