Blackman v. Butler et al

Filing 12

ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. The Clerk is hereby DIRECTED to re-file the original Complaint (Doc. 1) and both supplements offered in support of Documents 7 and 8 together as the First Amended Complaint. The First Ame nded Complaint supersedes and replaces the original Complaint, rendering it void. See Flannery, 354 F.3d at 638, n. 1.The Clerk is also directed to UPDATE the last named of Defendant Chad M. Brad to Chad M. Brown in CM/ECF. IT IS HEREBY ORDERED that COUNT 1 is subject to further review against Defendants KIMBERLY BUTLER, ROBERT HUGHES, and JASON HART and is DISMISSED with prejudice against all other defendants for failure to state a claim upon which relief may be granted against them.IT IS HEREB Y ORDERED that COUNT 2 is subject to further review against Defendants SALVADOR GODINEZ and LESLIE McCARTY and is DISMISSED with prejudice against all other defendants for failure to state a claim upon which relief may be granted against them. IT IS HEREBY ORDERED that COUNT 3 is subject to further review against Defendants RANDY PFISTER, CHAD BROWN, and ABERARDO SALINAS and is DISMISSED with prejudice against all other defendants for failure to state a claim upon which relief may be granted ag ainst them.IT IS HEREBY ORDERED that COUNT 4 is subject to further review against all defendants. IT IS ALSO ORDERED that COUNT 5 is DISMISSED without prejudice against all defendants for failure to state a claim upon which relief may be granted. See Order for further details. Signed by Judge Nancy J. Rosenstengel on 12/22/2016. (tkm)