Delgado v. CDCR Medical Health Care Department, et al

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/2011 ORDERING that dft's 21 motion to dismiss, to which pltf accedes, is GRANTED, pltf's claim that dft Wedell denied pltf a special medical diet is DISMISSED from this action; this case shall proceed on pltf's remaining contentions in support of his Eighth Amendement claims agianst dft Wedell; and dft shall file and serve an answer to the cmplt on or before 4/1/2011. (Yin, K)

(PC) Delgado v. CDCR Medical Health Care Department, et al

Doc. 23

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 / 16 17 18 19 20 21 22 23 24 25 26 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in this civil rights filed pursuant to 42 U.S.C. § 1983. The court found, pursuant to 28 U.S.C. §1915A, that plaintiff's complaint appears to state potentially cognizable Eighth Amendment claims against sole remaining defendant Dr. J. Wedell. (Dkt. No. 6.) Defendant has filed a motion to dismiss that portion of plaintiff's complaint that alleges defendant failed to provide plaintiff with a special medical diet, based on the failure of plaintiff to exhaust his administrative remedies. (Dkt. No. 21.) In response, plaintiff has agreed to the dismissal of this claim. (Dkt. No. 22.) //// //// 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH DELGADO, Plaintiff, vs. CDCR MEDICAL HEALTH CARE DEPARTMENT, et al., ORDER No. 2:10-cv-2379 MCE KJN P

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delg2379.mtd.1clm.

Accordingly, IT IS HEREBY ORDERED that: 1. Defendant's motion to dismiss (Dkt. No. 21), to which plaintiff accedes, is granted; plaintiff's claim that defendant Wedell denied plaintiff a special medical diet is dismissed from this action; 2. This case shall proceed on plaintiff's remaining contentions in support of his Eighth Amendment claims against defendant Wedell; and 3. Defendant shall file and serve an answer to the complaint on or before April 1, 2011. DATED: March 22, 2011

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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