Calloway v. Veal, et al

Filing 19

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/11/2011 ORDERING that dfts C. McKenzie, N. Grannis and Suzan L. Hubbard are DISMISSED w/out prejudice. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,
Plaintiff,

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vs.

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No. CIV S-09-2907 EFB P

M. VEAL, et al.,

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Defendants.

ORDER
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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 April 7, 2011, the court found that plaintiff had stated sufficient allegations

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against defendants Andreason and Vale. The court informed plaintiff he could proceed against

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

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defendants Hubbard, McKenzie, and Grannis. The court also informed plaintiff that the court

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would consider his decision to proceed only as to his claims against Andreason and Vale, as

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consent to the dismissal of plaintiff’s defective claims against defendants Hubbard, McKenzie,

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and Grannis without prejudice. On April 29, 2011, plaintiff returned documents for service
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against defendants Andreason and Vale and consented to the dismissal of defendants Hubbard,

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McKenzie, and Grannis.

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Accordingly, IT IS HEREBY ORDERED that defendants Hubbard, McKenzie, and

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Grannis, are dismissed without prejudice.

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DATED: May 11, 2011.

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