Villery v. Garcia et al

Filing 16

ORDER Finding Service of Complaint Appropriate as to Defendants Rodriguez, Lindsay, Granillo, Dagama, Stewart, and Miller for Retaliation and Dismissing all other Claims and Defendants for Failure to State a Cognizable Claim for Relief signed by District Judge Lawrence J. O'Neill on 11/03/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JARED VILLERY,

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Plaintiff,
v.
EDWARD GARCIA, et al.,
Defendants.

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Case No.: 1:15-cv-00936-LJO-SAB (PC)
ORDER FINDING SERVICE OF COMPLAINT
APPROPRIATE AS TO DEFENDANTS
RODRIGUEZ, LINDSEY, GRANILLO, DAGAMA,
STEWART, AND MILLER FOR RETALIATION
AND DISMISSING ALL OTHER CLAIMS AND
DEFENDANTS FOR FAILURE TO STATE A
COGNIZABLE CLAIM FOR RELIEF
[ECF Nos. 13, 14, 15]

Plaintiff Jared Villery is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On October 21, 2015, the Court screened Plaintiff’s first amended complaint and found that

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Plaintiff stated a cognizable retaliation claim against Defendants George Rodriguez, Bryan Lindsey,

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Edward Granillo, Brian Dagama, David Stewart and Ryan Miller. (ECF No. 14.) The Court found that

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Plaintiff failed to state any other cognizable claims for relief. (Id.) The Court directed Plaintiff to file

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a second amended complaint or notify the Court of his intent to proceed on the claim found to be

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cognizable. (Id.)

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On November 2, 2015, Plaintiff notified the Court of his intent to proceed only on the

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retaliation claim against Defendants George Rodriguez, Bryan Lindsey, Edward Granillo, Brian

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Dagama, David Stewart, and Ryan Miller and dismiss all other claims and defendants from the action

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for failure to state a cognizable claim for relief. (ECF No. 15.)
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Accordingly, IT IS HEREBY ORDERED that:

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1.

This action shall proceed on Plaintiff’s claim of retaliation against Defendants George

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Rodriguez, Bryan Lindsey, Edward Granillo, Brian Dagama, David Stewart, and Ryan

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Miller;

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2.

cognizable claim for relief; and

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All other claims and Defendants are DISMISSED from the action for failure to state a

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The matter is referred back to the Magistrate Judge for initiation of service of process
by the United States marshal.

IT IS SO ORDERED
Dated: November 3, 2015
/s/ Lawrence J. O’Neill
United States District Judge

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