Foster v. Lynn et al
Filing
21
ORDER signed by Magistrate Judge Craig M. Kellison on 6/6/11 ORDERING that Defendants Statti, Martinez, Carrasco, and the Secretary of CDCR, are DISMISSED from this action; and this action will proceed against defendants Lynn and Dailo only.(Dillon, M)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
RONALD FOSTER,
12
No. CIV S-10-0726-CMK-P
Plaintiff,
13
vs.
14
A. LYNN, et al.,
15
16
17
ORDER
Defendants.
/
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
18
42 U.S.C. § 1983, challenging a prison disciplinary proceeding. Plaintiff has consented to
19
Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served
20
or appeared in the action. The court issued an order to show cause on April 22, 2011, requiring
21
plaintiff to show cause why defendants Statti, Martinez, Carrasco, and the Secretary of CDCR
22
should not be dismissed for failure to state a claim.
23
The court outlined plaintiff’s allegations in its prior order and will not repeat them
24
here. The court found plaintiff’s amended complaint was insufficient as to his claims against
25
defendants Statti, Martinez, Carrasco, and the Secretary of CDCR. Plaintiff was warned that
26
failure to respond to the order to show cause may result in the dismissal of this action for the
1
1
reasons outlined as well as for failure to prosecute and comply with court rules and orders. See
2
Local Rule 110.
3
Plaintiff has not responded to the court’s order as directed. The undersigned finds
4
it appropriate to dismiss these defendants from this action for plaintiff’s failure to comply to
5
court order, and failure to state a claim upon which relief can be granted.
6
Accordingly, IT IS HEREBY ORDERED that:
7
1.
8
dismissed from this action; and
9
2.
Defendants Statti, Martinez, Carrasco, and the Secretary of CDCR, are
This action will proceed against defendants Lynn and Dailo only.
10
11
12
13
14
DATED: June 6, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
15
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
