Burton v. Chenoweth et al

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 12/15/14 ORDERING that Defendant McDonald is dismissed without prejudice, and plaintiffs improper search claim against defendant Chenoweth is dismissed without prejudice. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HARRISON BURTON,

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No. 2:14-cv-2331 KJN P

Plaintiff,
v.

ORDER

J. CHENOWETH, et al.,
Defendants.

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Plaintiff consented to proceed before the undersigned for all purposes. See 28 U.S.C.

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§ 636(c). Pursuant to this court’s screening of plaintiff’s original complaint pursuant to 28 U.S.C.

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§ 1915A(a), the court found that the complaint states a potentially cognizable excessive force

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claim against defendant Chenoweth, but did not state a claim against defendant Chenoweth based

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on plaintiff’s improper search claim, or against defendant McDonald, for whom plaintiff included

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no charging allegations. (ECF No. 7.) The court gave plaintiff the option of proceeding on his

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original complaint or filing an amended complaint that added a cognizable claim against

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defendant McDonald, or attempted to state a cognizable claim against defendant Chenoweth

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based on an alleged improper search. Plaintiff chose to proceed on his original complaint against

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defendant Chenoweth on the excessive force claim, and in his notice of submission of documents

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form, consented to the dismissal of defendant McDonald, and the dismissal of plaintiff’s improper

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search claim against defendant Chenoweth, without prejudice. (ECF No. 10 at 1.)
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IT IS HEREBY ORDERED that:

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1. Defendant McDonald is dismissed without prejudice, and

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2. Plaintiff’s improper search claim against defendant Chenoweth is dismissed without

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prejudice.

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Dated: December 15, 2014

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/burt2331.14dm

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