Bird v. Mayhew, et al.

Filing 22

ORDER Dismissing Non-Cognizable Claims And Defendants From Action, And Directing Defendant Mayhew To File Response To Complaint Within Thirty Days (ECF Nos. 1 , 20 , 21 ), signed by District Judge Lawrence J. O'Neill on 6/18/2015. Montoya, Roberts, Curtice and Department of Corrections and Rehabilitation terminated. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL BIRD,

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Plaintiff,

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v.
DONALD MAYHEW,

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Defendant.

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Case No.: 1:15-cv-00298-LJO-SAB (PC)
ORDER DISMISSING NON-COGNIZABLE
CLAIMS AND DEFENDANTS FROM ACTION,
AND DIRECTING DEFENDANT MAYHEW TO
FILE RESPONSE TO COMPLAINT WITHIN
THIRTY DAYS
[ECF Nos. 1, 20, 21]

Plaintiff Michael Bird is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

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1983. This action was removed from the Madera County Superior Court to this Court on February 25,

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2015.

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On June 8, 2015, the Court screening Plaintiff’s complaint and required Plaintiff to either file

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an amended complaint or notify the Court of his intent to proceed against Defendant Mayhew on his

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claims of excessive force and state law negligence. (ECF No. 20.) On June 17, 2015, Plaintiff

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notified the Court of his intent to proceed against Defendant Mayhew only on his claims of excessive

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force and state law negligence. (ECF No. 21.)

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Accordingly, pursuant to 28 U.S.C. § 1915, it is HEREBY ORDERED that:
1. This action shall proceed on Plaintiff’s claims of excessive force and state law
negligence against Defendant Mayhew;

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2. All other claims, as well as Defendants Curtice, Roberts, Montoya, and California

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Department of Corrections and Rehabilitation, are DISMISSED; and

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3. Defendant Mayhew is directed to file a response to the complaint within thirty (30)

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days from the date of service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

June 18, 2015

UNITED STATES DISTRICT JUDGE

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