Callion v. Adams et al
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. GRANTING PLAINTIFFS 46 MOTION TO WITHDRAW HIS CLAIMS AGAINST CERTAIN DEFENDANTS. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 1/4/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CHARLES GREGORY CALLION,
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Case No. 14-cv-03716-HSG
Plaintiff,
ORDER GRANTING PLAINTIFF’S
MOTION TO WITHDRAW HIS
CLAIMS AGAINST CERTAIN
DEFENDANTS
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v.
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ANTIS ADAMS, et al.,
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Dkt. No. 46
Defendants.
United States District Court
Northern District of California
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INTRODUCTION
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Plaintiff, an inmate at R. J. Donovan Correctional Facility in San Diego, California, filed
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this pro se civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s
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motion to withdraw the amended complaint’s claims against defendants Drs. Dunlap, Bright, and
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Adams. Docket No. 46.1 The Court GRANTS Plaintiff’s motion. The claims in the amended
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complaint against Drs. Dunlap, Bright, and Adams are DISMISSED. Drs. Dunlap, Bright, and
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Adams are DISMISSED from this action.
This action will proceed on the remaining cognizable claim in this action: Plaintiff’s claim
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that Drs. Birdsong and Mack violated his Fourteenth Amendment right to receive sufficient
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information to intelligently exercise his right to refuse unwanted medical treatment. The parties
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shall continue to follow the briefing schedule set forth in the Court’s December 15, 2016 Order
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Screening the Amended Complaint.
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On December 15, 2016, the Court screened Plaintiff’s amended complaint and found that
Plaintiff’s amended complaint stated a cognizable claim that Drs. Birdsong and Mack violated
Plaintiff’s right under the Fourteenth Amendment to receive sufficient information to intelligently
exercise his right to refuse unwanted medical treatment. Docket No. 45 at 3. The Court noted that
Plaintiff’s claims against Drs. Dunlap, Bright, and Adams suffered from certain deficiencies, and
granted Plaintiff leave to amend these claims to address the specified deficiencies. Id. at 3‒4.
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This order terminates Docket No. 46.
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IT IS SO ORDERED.
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Dated: 1/4/2017
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HAYWOOD S. GILLIAM, JR.
United States District Judge
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United States District Court
Northern District of California
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