Johnson v. Lee et al

Filing 21

ORDER signed by Magistrate Judge Edmund F. Brennan on 04/12/11 ordering that plaintiff's claims against defendant Orrick are dismissed without prejudice. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHESTER JOHNSON,

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Plaintiff,

No. CIV S-09-2076 EFB P

Defendants.

ORDER

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vs.
J. LEE, et al.,

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C.

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§ 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

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By order filed February 9, 2011, the court found that plaintiff had stated a cognizable

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claims against defendants Lee and Chirilla and informed plaintiff he could proceed against those

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defendants or file an amended complaint to attempt to state additional cognizable claims against

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defendant Orrick. The court also informed plaintiff that it would consider plaintiff’s decision to

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proceed only as to his claims against defendants Lee and Chirilla as consent to the dismissal of

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his claims against defendant Orrick. On March 7, 2011, plaintiff returned documents for service

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against defendants Lee and Chirilla, electing not to file an amended complaint to attempt to state
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a cognizable claim against defendant Orrick.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s claims against defendant Orrick

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are dismissed without prejudice.

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Dated: April 12, 2011.

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