Brookins v. McDonald

Filing 13

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/14/09 ORDERING that dfts A. Agyeman and G. James, as well as all dfts not specifically named, are DISMISSED from this action. (Yin, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 / 16 Plaintiff is a state prisoner who is proceeding pro se and in forma pauperis. 17 Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. On April 8, 2009, plaintiff consented to the 18 jurisdiction of the undersigned. 19 By order filed August 13, 2009, the court determined that plaintiff had stated a 20 colorable claim against defendants defendants Warden Mike McDonald; Chief Medical Officer 21 S.M. Roche; Physician's Assistant G. Dudley; D. Swingle, M.D.; Nurse M. Miller, pursuant to 22 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). The court also dismissed plaintiff's claims against 23 defendants A. Agyeman, M.D., and G. James, M.D., as well as all defendants who were not 24 specifically named, with thirty days leave to amend. The thirty day period has now expired, and 25 plaintiff has not filed an amended complaint or otherwise responded to the court's order. 26 1 ORDER vs. MICHAEL MCDONALD, Warden, et al., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MELVIN BROOKINS, Plaintiff, No. CIV S-09-0841 GGH P

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GGH:009 broo0841.b3

Accordingly, IT IS ORDERED that defendants A. Agyeman, M.D., and G. James, M.D., as well as all defendants not specifically named, are dismissed from this action. See Local Rule 11-110; Fed. R. Civ. P. 41(b). DATED: October 14, 2009 /s/ Gregory G. Hollows GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

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