Gibson v. Wong et al

Filing 28

ORDER signed by Magistrate Judge Dale A. Drozd on 07/14/10 ordering that plaintiff's 05/24/10 motion to proceed 24 is denied as moot. In accordance with the assigned district judge's order filed on 07/13/10, this action shall proceed only against defendants Wong, Fox, and Peck on plaintiff's 8th Amendment claim that his administrative segregation cell was ventilated with "ice cold air." (Plummer, M)

(PC) Gibson v. Wong et al

Doc. 28

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. R.K. WONG, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On March 23, 2010, the court ordered plaintiff to file an opposition or statement of non-opposition to defendants' February 8, 2010 motion to dismiss. In response, on May 24, 2010, plaintiff filed a "motion to proceed." Construing this motion to be plaintiff's opposition to defendants' motion to dismiss, the court reviewed plaintiff's arguments set forth in his "motion to proceed" and recommended that defendants' motion to dismiss be granted. On July 13, 2010, the assigned district judge to this case adopted the undersigned's findings and recommendations in full. Accordingly, IT IS HEREBY ORDERED that plaintiff's May 24, 2010 motion to proceed (Doc. No. 24) is denied as moot. In accordance with the assigned district judge's order filed on July 13, 2010, this action shall proceed only against defendants Wong, Fox, and Peck on 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DEAREL GIBSON, Plaintiff, No. CIV S-09-2388 GEB DAD P

ORDER

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plaintiff's Eighth Amendment claim that his administrative segregation cell was ventilated with "ice cold air." DATED: July 14, 2010.

DAD:sj gibs2388.mot

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