Wicklund v. Queen of the Valley Medical Center

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 12/8/10 ORDERING the claims against dft CDCR are dismissed; The claims against dfts Traquina, Dassah and Hsieh are dismissed with leave to amend. W/i 30 days, plaintiff may amend his second amend ed complaint to attempt to state cognizable claims against these dfts. The allegations in the pleading are sufficient at least to state potentially cognizable claims against dfts Queen of the Valley Medical Center and North Bay HealthCare. With thi s order the Clerk shall provide to plaintiff a blank summons, a copy of the pleading filed 10/13/10, 2 USM-285 forms and instructions. W/i 30 days of this order plaintiff may return the attached Notice of Submission of Documents with the completed s ummons, the completed USM-285 forms, and 3 copies of the endorsed amended complaint filed 10/13/10. The court will transmit them to the US Marshal for service of process. Dfts Queen of the Valley Medical Center and North Bay Health Care will be req uired to respond to plaintiff's allegations. If plaintiff elects to proceed now against those dfts, the court will construe plaintiff's election to proceed forthwith as consent to an order dismissing his defective claims against dfts Traquina, Dassah and Hsieh without prejudice; Failure to comply with this order will result in dismissal of this action. (Becknal, R)