Perry v. Yuba County et al

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 9/12/11: Defendants Yuba County, Yuba County Jail, Dr. Cassidy and Yuba County Sheriff are dismissed without prejudice. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK L. PERRY,

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Plaintiff,

No. 2:10-cv-3223 KJN P

vs.
YUBA COUNTY, et al.,
Defendants.

ORDER
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Plaintiff has consented to proceed before the undersigned for all purposes. See 28

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U.S.C. § 636(c). On August 5, 2011, the court screened plaintiff’s second amended complaint.

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Plaintiff was granted the option of pursuing his first and third claims for relief, or delaying

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service of process on claims one and three, and attempting to amend to state a cognizable First

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Amendment claim. On September 6, 2011, plaintiff filed a notice stating he consents to the

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dismissal of the remaining claims without prejudice, opting not to pursue his fourth claim for

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relief (the second claim having previously been dismissed). (Dkt. No. 24.) Accordingly, this

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action is proceeding on plaintiff’s first claim for relief against defendants Hemp and Chandless,

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and plaintiff’s third claim for relief against defendants Cornette and Reed (third claim). Thus,

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defendants Yuba County, Yuba County Jail, Dr. Cassidy and Yuba County Sheriff are dismissed,

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and this action shall proceed only on plaintiff’s first and third claims, as set forth in this court’s
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August 5, 2011 order. (Dkt. No. 23.)

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IT IS HEREBY ORDERED that defendants Yuba County, Yuba County Jail, Dr.

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Cassidy and Yuba County Sheriff are dismissed without prejudice.

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DATED: September 12, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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perr3223.56

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