Howell v. Macomber, et al.

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 5/12/16 ORDERING that plaintiff's claims against defendants Warden Macomber, Facility Captain Cannedy, Facility Lt. Snyder, and Sgt. Gonzales are 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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KAREEM J. HOWELL,

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Plaintiff,

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No. 2:16-cv-0441 KJN P

v.

ORDER

J. MACOMBER, et al.,

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Defendants.

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Plaintiff is a state prisoner, has filed a civil rights action pursuant to 42 U.S.C. § 1983, and

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is proceeding pro se. Plaintiff consented to proceed before the undersigned for all purposes. See

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28 U.S.C. § 636(c). On April 4, 2016, the court found that plaintiff stated potentially cognizable

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Eighth Amendment claims against defendants Brady, Iobokwe, and Tran, and dismissed

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plaintiff’s claims against the remaining defendants, but granted him leave to file an amended

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complaint. On May 5, 2016, plaintiff elected not to amend the complaint, and provided forms for

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service of process on defendants Brady, Iobokwe, and Tran, consenting to dismissal of the

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remaining defendants. (ECF No. 6.) Thus, this action shall proceed solely on plaintiff’s Eighth

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Amendment claims against defendants Brady, Iobokwe, and Tran.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s claims against defendants Warden

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Macomber, Facility Captain Cannedy, Facility Lt. Snyder, and Sgt. Gonzales are dismissed without

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prejudice.

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Dated: May 12, 2016

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/cw/howe0441.dsm

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