Winfield v. Schwarzenegger

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 7/23/1043 ORDERING pltf's request to have Guard Hymen 43 testify is DENIED WITHOUT PREJUDICE. (Carlos, K)

(PC) Winfield v. Schwarzenegger et al

Doc. 45

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. ARNOLD SCHWARZENEGGER, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel with a civil rights action pursuant to 42 U.S.C. § 1983. On April 1, 2009, plaintiff consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). On July 7, 2010, plaintiff filed a document in which he seeks to add "Guard Hymen" as a defendant, claiming she committed slander against plaintiff. However, the sole allegation contained in plaintiff's filing is that while plaintiff was allegedly held down and administered psychotropic drugs, Guard Hymen allegedly held a gun on plaintiff from the gun tower. This allegation does not support a claim for slander, //// //// //// //// ORDER PAUL WINFIELD, Plaintiff, No. 2:09-cv-00636 KJN P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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and plaintiff has alleged no constitutional violation against Guard Hymen. Accordingly, IT IS HEREBY ORDERED that plaintiff's July 7, 2010 request is denied without prejudice. (Dkt. No. 43.) DATED: July 23, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
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