McCoy v. Kelso, et al.

Filing 29

ORDER Regarding 27 Plaintiff's Motion to File Supplemental Pleading and Directing Plaintiff to Clarify Willingness to Proceed on Cognizable Claims Within Twenty-One (21) Days, signed by Magistrate Judge Dennis L. Beck on 2/4/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH RAY McCOY,

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Plaintiff,
v.
GONZALES, et al.,
Defendants.

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Case No.: 1:12cv00983 AWI DLB (PC)
ORDER REGARDING PLAINTIFF’S MOTION
TO FILE SUPPLEMENTAL PLEADING
(Document 27)
DIRECTING PLAINTIFF TO CLARIFY
WILLINGNESS TO PROCEED ON COGNIZABLE
CLAIMS
TWENTY-ONE DAY DEADLINE

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Plaintiff Joseph Raymond McCoy (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action. Plaintiff filed his complaint on June 19, 2012. He filed a

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First Amended Complaint on May 10, 2013.

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On December 18, 2013, the Court issued an order directing Plaintiff to either file an amended
complaint or notify the Court of his willingness to proceed on the cognizable claims.
On January 2, 2014, Plaintiff notified the Court that he was willing to proceed only on the

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cognizable claims. As a result, the Court issued Findings and Recommendations dismissing certain

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claims and Defendants on January 9, 2014.

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On January 27, 2014, Plaintiff submitted service documents and the Court directed the United
States Marshal to serve the First Amended Complaint on Defendants Stronach, Gonzales, LeMay,
Beltran, Fisher, Snell and Tann.

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On January 30, 2014, despite his prior agreement to proceed on the cognizable claims, Plaintiff
filed a Motion for Leave to File a Supplemental Pleading. Plaintiff states that he wants to amend his
complaint to cure the deficiencies in his allegations against Defendants Kelso and Enenmoh.
Plaintiff’s motion is inconsistent with his willingness to proceed only on the cognizable claims.

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Accordingly, within twenty-one days, Plaintiff shall CLARIFY his intent. If Plaintiff is willing
to proceed on the cognizable claims, he shall notify the Court and the Findings and Recommendations
will be adopted and this action will move forward accordingly. If Plaintiff intends to file an amended

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complaint, he shall notify the Court and the Findings and Recommendations will be vacated. If
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Plaintiff elects to amend, his amended complaint will be screened in due course and the January
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27, 2014, order directing service will be vacated.

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IT IS SO ORDERED.

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Dated:

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/s/ Dennis

February 4, 2014

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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L. Beck

9b0hied

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