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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HARRISON BURTON, 12 13 14 15 No. 2:14-cv-2331 KJN P Plaintiff, v. ORDER J. CHENOWETH, et al., Defendants. 16 17 Plaintiff consented to proceed before the undersigned for all purposes. See 28 U.S.C. 18 § 636(c). Pursuant to this court’s screening of plaintiff’s original complaint pursuant to 28 U.S.C. 19 § 1915A(a), the court found that the complaint states a potentially cognizable excessive force 20 claim against defendant Chenoweth, but did not state a claim against defendant Chenoweth based 21 on plaintiff’s improper search claim, or against defendant McDonald, for whom plaintiff included 22 no charging allegations. (ECF No. 7.) The court gave plaintiff the option of proceeding on his 23 original complaint or filing an amended complaint that added a cognizable claim against 24 defendant McDonald, or attempted to state a cognizable claim against defendant Chenoweth 25 based on an alleged improper search. Plaintiff chose to proceed on his original complaint against 26 defendant Chenoweth on the excessive force claim, and in his notice of submission of documents 27 form, consented to the dismissal of defendant McDonald, and the dismissal of plaintiff’s improper 28 search claim against defendant Chenoweth, without prejudice. (ECF No. 10 at 1.) 1 1 IT IS HEREBY ORDERED that: 2 1. Defendant McDonald is dismissed without prejudice, and 3 2. Plaintiff’s improper search claim against defendant Chenoweth is dismissed without 4 prejudice. 5 Dated: December 15, 2014 6 7 /burt2331.14dm 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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