Mallett v. Jev et al
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 06/06/11 ordering Jasdeep S. Bal, P. Sahota and Deems are dismissed from this action. This action will proceed against defendant Jeu only. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WADE MALLETT,
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No. CIV S-10-3226-CMK-P
Plaintiff,
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vs.
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MOON JEU, et al.,
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ORDER
Defendants.
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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant
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to 42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28
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U.S.C. § 636(c) and no other party has been served or appeared in the action. The court issued
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an order to show cause on April 22, 2011, requiring plaintiff to show cause why defendants Bal,
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Sahota, and Deems should not be dismissed for failure to state a claim.
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The court outlined plaintiff’s allegations in its prior order and will not repeat them
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here. The court found plaintiff’s amended complaint was insufficient as to his claims against
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defendants Bal, Sahota, and Deems. Plaintiff was warned that failure to respond to the order to
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show cause may result in the dismissal of this action for the reasons outlined as well as for failure
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to prosecute and comply with court rules and orders. See Local Rule 110.
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Plaintiff has not responded to the court’s order as directed. The undersigned finds
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it appropriate to dismiss these defendants from this action for plaintiff’s failure to comply with
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the court order, and failure to state a claim upon which relief can be granted.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Defendants Bal, Sahota, and Deems, are dismissed from this action; and
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2.
This action will proceed against defendant Jeu only.
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DATED: June 6, 2011
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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