Singletary v. Duffey

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 12/07/15 ordering California Department of Corrections is dismissed without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GONDEE CHARLES SINGLETARY,

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No. 2:15-cv-1231 KJN P

Plaintiff,
v.

ORDER

BENJAMIN RICE, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, in an action brought under 42

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U.S.C. § 1983. Plaintiff consented to proceed before the undersigned for all purposes. See 28

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U.S.C. § 636(c). By order filed November 10, 2015, plaintiff was granted leave to amend solely

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to add an ADA claim against the California Department of Corrections and Rehabilitation

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(“CDCR”), for which he included no charging allegations in the complaint, but could choose not

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to amend and proceed against the remaining defendants by submitting the necessary documents

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for service of process. On December 1, 2015, plaintiff submitted the documents required to serve

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process on the remaining defendants, opting not to file an amended complaint.

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Accordingly, IT IS HEREBY ORDERED that defendant CDCR is dismissed without

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prejudice.

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Dated: December 7, 2015
/sing1231.dsm

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