York v. Stewart et al
ORDER DISMISSING Certains Claims and Defendants, signed by District Judge Dale A. Drozd on 1/6/17. (Marrujo, C)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
REGINALD RAY YORK,
ORDER DISMISSING CERTAIN CLAIMS
M. STEWART, et al.,
Plaintiff Reginald Ray York is a state prisoner proceeding pro se in this civil rights action
pursuant to 42 U.S.C. § 1983. The matter was referred to a magistrate judge pursuant to 28
U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 22, 2016, the assigned magistrate judge screened plaintiff’s complaint and found
that it stated the following cognizable claims: (1) against defendant Garcia for excessive use of
force; (2) against defendant Neighbors for failure to protect plaintiff from the use of force; and (3)
against defendants Garcia, Neighbors, and Stewart for failure to decontaminate plaintiff’s cell.
(Doc. No. 8.) Plaintiff was ordered to either file an amended complaint or notify the court that he
did not wish to file any amended complaint and was willing to proceed on the claims set forth in
his original complaint which had been found to be cognizable. (Id.) Thereafter, plaintiff sought
reconsideration of the magistrate judge’s order by the undersigned (Doc. No. 9), and on
November 3, 2016, this court denied reconsideration. (Doc. No. 10). The assigned magistrate
judge again granted plaintiff leave to file an amended complaint or notify the court of his
willingness to proceed only on his cognizable claims. (Doc. No. 11.) On November 18, 2016,
plaintiff notified the court that he did not intend to file an amended complaint and wished to
proceed only with the aforementioned claims defendants against Garcia, Neighbors, and Stewart.
(Doc. No. 12.)
1. This action shall proceed on plaintiff’s December 7, 2015 complaint (Doc. No. 1) with
respect to the following claims: (1) against defendant Garcia for excessive force; (2)
against defendant Neighbors for failure to protect plaintiff from the use of force; and
(3) against defendants Garcia, Neighbors, and Stewart for failure to decontaminate
2. All remaining claims are dismissed from this action;
3. Defendants C. Chen, R. Hutchinson, J. Lewis, C. Pfeiffer, N. Karlow, and S. Rimbach
are dismissed from this action; and
4. The case is referred back to the assigned magistrate judge for further proceedings
consistent with this order.
IT IS SO ORDERED.
January 6, 2017
UNITED STATES DISTRICT JUDGE
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