(PC) Anderson v. Solano County

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN MACK ANDERSON, No. 2:23-cv-3002 CKD P 12 Plaintiff, 13 v. ORDER 14 SOLANO COUNTY, et al., 15 Defendants. 16 17 Plaintiff is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 18 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 3, 2024, the court screened plaintiff’s complaint as the court is required to 21 do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed on the following 22 claims: 23 1. A claim for excessive use of force arising under the Fourteenth Amendment against 24 defendant Sgt. Kamman with respect to an incident occurring on November 15, 2023. ECF No. 1 25 at 3. 26 2. A claim for denial of adequate medical care against defendants Solano County and 27 Wellpath Medical arising under the Fourteenth Amendment and Monell v. Dep’t of Social 28 ///// 1 || Services, 436 U.S. 585 at 691, 694 (1978), based upon their policies with respect to providing 2 || intravenous treatments to inmates. 3 3. A claim arising under the Fourteenth Amendment against defendant Dr. Wong for 4 | denial of adequate medication. ECF No. | at 5. 5 The court gave plaintiff two options: (1) proceed on the claims identified above; or (2) 6 || request an extension of time to file an amended complaint. Plaintiff has indicated he wishes to 7 || proceed on the claims identified above and voluntarily dismiss his remaining claims. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. This action proceeds on the claims identified herein; 10 2. All other claims and defendants are deemed voluntarily dismissed pursuant to Rule 11 | 41(b) of the Federal Rules of Civil Procedure. 12 3. The court’s October 8, 2024, findings and recommendations are vacated. 13 | Dated: October 23, 2024 / ae □□ / a Ly a 4 CAROLYN K DELANEY 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 | , ande3002.41(b) 21 22 23 24 25 26 27 28