Benny Hernandez v. McDonald et al

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 2/11/2013 ORDERING that defendants California Department of Corrections and D.V.I. Correctional Institute are DISMISSED from this action without prejudice. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENNY HERNANDEZ,
Plaintiff,

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No. 2:12-cv-2254 AC P

vs.

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MIKE McDONALD, et al.

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Defendants.

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 (ECF No.

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5).

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By order filed October 25, 2012, the court determined that plaintiff had stated

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colorable First, Eighth, and Fourteenth Amendment claims against defendant McDonald. The

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court also dismissed with leave to amend plaintiff’s claims against “High Desert State Prison

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Administration.” In the October 25, 2012 order, the court advised plaintiff that, if he chose not

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to amend his complaint, the court would recommend dismissing High Desert State Prison

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Administration from this action. To date, plaintiff has not filed an amended 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: February 11, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:rb
hern2254.B3

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