Van Scott v. Moore et al

Filing 26

ORDER signed by Circuit Judge Raymond C. Fisher on 7/9/09 ORDERING dfts Lowe, Roherer, Toppenburger, Traquina and Naku DISMISSED from this action. (Carlos, K)

1 2 3 CARLTON VAN SCOTT 4 Plaintiff, 5 v. 6 GLENDA MOORE et al., 7 Defendants. 8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 2:08-cv-2006-RCF (P) ORDER DISMISSING DEFENDANTS

_____________________________ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1Plaintiff Carlton Van Scott is a pro se plaintiff proceeding in forma pauperis. In an order entered June 3, 2009, the Court dismissed plaintiff's second complaint without prejudice with respect to defendants Dr. Lowe, Dr. Jason Roherer, Dr. Toppenburger, Dr. A. Traquina or Dr. Naku. In that order, the Court granted plaintiff 30 days to file a motion seeking leave to file a new amended complaint asserting cognizable claims for relief against these defendants. The 30 days has elapsed, and plaintiff has not filed a motion for leave to file a new amended complaint. The Court will therefore dismiss defendants Lowe, Roherer, Toppenburger, Traquina and Naku from this action. Plaintiff may not raise claims against any of these defendants in an amended complaint in this action. For these reasons, it is hereby ORDERED that: 1. Defendant Dr. Lowe is dismissed from this action. 2. Defendant Dr. Jason Roherer is dismissed from this action. 3. Defendant Dr. Toppenburger is dismissed from this action. 4. Defendant Dr. A. Traquina is dismissed from this action. 5. Defendant Dr. Naku is dismissed from this action. DATED: July 9, 2009 /s/ Raymond C. Fisher Raymond C. Fisher, United States Circuit Judge Sitting by Designation