Battiste v. Walker et al

Filing 10

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/4/2010 ORDERING that pursuant to the 4/15/10 order, dfts CSP-Sacramento and the unnamed 2nd watch housing sgt are DISMISSED from this action. (Yin, K)

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GGH:009 batt3511.ord

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EDWARD A. BATTISTE, Plaintiff, vs. WARDEN JAMES WALKER, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the undersigned. See docket # 6, filed on December 29, 2009. By order filed April 5, 2010, plaintiff's claims against certain defendants were dismissed with leave to file an amended complaint. Plaintiff has not filed an amended complaint and, by separate order, the court has found one defendant appropriate for service. IT IS ORDERED that for the reasons set forth in the April 5, 2010, order, defendants California State Prison - Sacramento and the unnamed 2nd watch housing sergeant are dismissed from this action. DATED: June 4, 2010 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE ORDER No. CIV S-09-3511 GGH P