Webb v. California Dept of Corrections et al

Filing 10

ORDER signed by Magistrate Judge Gregory G. Hollows on 07/30/12 ordering that defendants California Department of Corrections and D.V.I. Correctional Institute are dismissed from this action without prejudice. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD R. WEBB,

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Plaintiff,

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No. 2:11-cv-3464 GGH P

vs.
CALIFORNIA DEPT. OF
CORRECTIONS, et al.
Defendants.

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ORDER
/

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis who seeks

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relief pursuant to 42 U.S.C. § 1983. Plaintiff has consented to this court’s jurisdiction (Docket

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No. 5).

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By order filed April 12, 2012, the court determined that plaintiff had stated a

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colorable Eighth Amendment claim against defendant Wong. The court also dismissed with

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leave to amend plaintiff’s: (1) Eighth Amendment claims against defendants California

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Department of Corrections and D.V.I. Correctional Institution; and (2) First Amendment

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retailiation claims against all defendants. In the April 12, 2012 order, the court advised plaintiff

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that, if he chose not to amend his complaint, the action would proceed only on plaintiff’s Eighth

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Amendment claims against defendant Wong. To date, plaintiff has not filed an amended

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complaint.
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Accordingly, IT IS HEREBY ORDERED that defendants California Department

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of Corrections and D.V.I. Correctional Institute are dismissed from this action without prejudice.

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See Local Rule 110; Fed. R. Civ. P. 41(b).

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DATED: July 30, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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ggh:rb

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webb3464.B3

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