Reyes v. California Department of Corrections et al

Filing 39

ORDER signed by Magistrate Judge Kendall J. Newman on 6/15/2015 DISMISSING withiout prejudice defendants Daily, Reed, Dr. Ho, Dr. Ross, Mr. Johnson, and Dr. Kitt; and DISMISSING without prejudice claims against defendant Fredrickson, based on the June 12 and 16, 2014 incidents.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHANE MYRON REYES,

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Plaintiff,

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v.

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No. 2:15-cv-0140 KJN P

LVN Bello, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. Plaintiff consented to proceed

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before the undersigned for all purposes. See 28 U.S.C. § 636(c). By order filed May 14, 2015,

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plaintiff’s claims against defendants Dailey, Reed, Fredrickson (for June 12 and 16, 2014

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incidents), Dr. Ho, Dr. Ross, Mr. Johnson, and Dr. Kitt, were dismissed with leave to amend.

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Plaintiff was granted the option to consent to dismiss such claims and proceed on the amended

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complaint or to file a second amended complaint to attempt to state cognizable claims against

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those defendants. On June 3, 2015, plaintiff filed a notice in which he consented to the dismissal

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of defendants Dailey, Reed, Fredrickson (for June 12 and 16, 2014 incidents), Dr. Ho, Dr. Ross,

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Mr. Johnson, and Dr. Kitt, without prejudice. (ECF No. 33.)

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Defendants Dailey, Reed, Dr. Ho, Dr. Ross, Mr. Johnson, and Dr. Kitt, are dismissed

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without prejudice; and
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2. Plaintiff’s claims against defendant Fredrickson, based on the June 12 and 16, 2014

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incidents,1 are dismissed without prejudice.

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Dated: June 15, 2015

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/reye0140.dsm

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Plaintiff’s claims against defendant Fredrickson based on the June 23, 2014 incident were
found to state a potentially cognizable civil rights claim (ECF No. 32 at 10), and such claims are
not dismissed by this order.
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