William Shaw v. A. Cortina, et al.

Summary

The United States District Court for the Northern District of California granted Plaintiff William Shaw's election to proceed on an Eighth Amendment failure-to-protect claim against Correctional Officer A. Cortina. The court dismissed the claims against A. Avilla and J. Guevarra without prejudice, ordered service on Cortina, and established deadlines for dispositive motions and briefing.

Holdings

1. The court granted plaintiff's election to proceed on the cognizable Eighth Amendment claim against Cortina and voluntarily dismissed Avilla, Guevarra, and the claims against them without prejudice under Federal Rule of Civil Procedure 41(a).
2. The earlier motion to amend was denied as moot, the proposed first amended complaint was stricken, and the original complaint remained the operative complaint.
3. The court directed service of the operative complaint and related documents on Cortina through the CDCR e-service program, with United States Marshal service to follow for any defendant who did not waive service.

Questions Presented

1. Whether plaintiff's notice of election permitted voluntary dismissal of the remaining defendants and claims without prejudice.
2. Whether plaintiff's previously filed motion to amend should be denied as moot and the proposed amended complaint stricken after plaintiff elected to proceed on the original complaint.
3. What service and case-management procedures should govern the remaining claim against Defendant Cortina.

Disposition

other