(PC) Mayfield v. Mix et al, No. 1:2010cv01091 - Document 14 (E.D. Cal. 2011)

Court Description: ORDER DISMISSING Certain Claims and Defendants, and Referring Matter Back to Magistrate Judge to Initiate Service of Process; ORDER STRIKING 11 FINDINGS and RECOMMENDATIONS Recommending Action be Dismissed With Prejudice, signed by Judge Oliver W. Wanger on 1/11/2011. Defendant E. Mason DISMISSED based on Plaintiff s failure to state any claims against him. (Marrujo, C)

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(PC) Mayfield v. Mix et al Doc. 14 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DWAYNE MAYFIELD, 10 Plaintiff, 11 12 CASE NO. 1:10-cv-01091-OWW-GBC PC ORDER DISMISSING CERTAIN CLAIMS AND DEFENDANTS, AND REFERRING MATTER BACK TO MAGISTRATE JUDGE TO INITIATE SERVICE OF PROCESS v. M. MIX, et al., (Docs. 1, 9, 13) 13 Defendants. ORDER STRIKING FINDINGS AND RECOMMENDATIONS RECOMMENDING ACTION BE DISMISSED WITH PREJUDICE 14 15 (Doc. 11) 16 / 17 18 Plaintiff Dwayne Mayfield (“Plaintiff”), a state prisoner proceeding pro se and in forma 19 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 16, 2010. On October 20 22, 2010, the Magistrate Judge screened Plaintiff’s complaint, and found that it states a claim against 21 Defendant M. Mix for use of excessive force, in violation of the Eighth Amendment, but does not 22 state any other claims for relief under section 1983. 28 U.S.C. § 1915A. Plaintiff was ordered to 23 either file an amended complaint or notify the Court of his willingness to proceed only on the claim 24 found to be cognizable. On December 14, 2010, the Magistrate Judge issued findings and 25 recommendations recommending this action be dismissed for failure to obey a court order. On 26 January 6, 2011, Plaintiff filed a notice stating that he does not wish to amend his complaint and is 27 willing to proceed only on his cognizable excessive force claim. 28 /// 1 Dockets.Justia.com 1 Accordingly, based on Plaintiff’s notice, it is HEREBY ORDERED that: 2 1. 3 4 This action shall proceed on the complaint filed June 16, 2010, against M. Mix for use of excessive force, in violation of the Eighth Amendment; 2. 5 Plaintiff’s excessive force claim against Defendant E. Mason is dismissed for failure to state a claim; 6 3. Plaintiff’s state law claims are dismissed for failure to state a claim; 7 4. Defendant E. Mason is dismissed from this action based on Plaintiff ’s failure to state 8 9 any claims against him; 5. 10 11 12 The findings and recommendations recommending dismissing the action for failure to obey a court order, issued December 14, 2010, is stricken from the record; and 6. This matter is referred back to the Magistrate Judge to initiate service of process proceedings. 13 14 IT IS SO ORDERED. 15 Dated: January 11, 2011 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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