Callion v. Adams et al

Filing 47

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 CHARLES GREGORY CALLION, 7 Case No. 14-cv-03716-HSG Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO WITHDRAW HIS CLAIMS AGAINST CERTAIN DEFENDANTS 8 v. 9 ANTIS ADAMS, et al., 10 Dkt. No. 46 Defendants. United States District Court Northern District of California 11 12 INTRODUCTION 13 Plaintiff, an inmate at R. J. Donovan Correctional Facility in San Diego, California, filed 14 15 this pro se civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s 16 motion to withdraw the amended complaint’s claims against defendants Drs. Dunlap, Bright, and 17 Adams. Docket No. 46.1 The Court GRANTS Plaintiff’s motion. The claims in the amended 18 complaint against Drs. Dunlap, Bright, and Adams are DISMISSED. Drs. Dunlap, Bright, and 19 Adams are DISMISSED from this action. This action will proceed on the remaining cognizable claim in this action: Plaintiff’s claim 20 21 that Drs. Birdsong and Mack violated his Fourteenth Amendment right to receive sufficient 22 information to intelligently exercise his right to refuse unwanted medical treatment. The parties 23 shall continue to follow the briefing schedule set forth in the Court’s December 15, 2016 Order 24 Screening the Amended Complaint. 25 1 26 27 28 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. 1 This order terminates Docket No. 46. 2 IT IS SO ORDERED. 3 4 5 Dated: 1/4/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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