Estrada v. Tassey et al

Filing 35

ORDER DIRECTING Plaintiff to Clarify Willingness to Proceed on Cognizable Claims; Twenty-One Day Deadline signed by Magistrate Judge Dennis L. Beck on 10/17/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID ESTRADA,

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Plaintiff,
vs.
TASSEY, et al.,
Defendants.

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1:13cv00919 LJO DLB PC
ORDER DIRECTING PLAINTIFF TO
CLARIFY WILLINGNESS TO PROCEED
ON COGNIZABLE CLAIMS
TWENTY-ONE DAY DEADLINE

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Plaintiff David Estrada (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this this civil action. Plaintiff filed this action on June 17, 2013. On August 8, 2013,

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Plaintiff filed a First Amended Complaint. The Court issued a screening order on September 3,

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2013, and on September 11, 2013, Plaintiff notified the Court of his willingness to proceed on
the cognizable claims.
Pursuant to Plaintiff’s notification, the Magistrate Judge issued Findings and

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Recommendations on September 20, 2013, that this action proceed on the following claims:
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(1) retaliation in violation of the First Amendment against Defendants Gipson and Espinosa; and
(2) violation of the Eighth Amendment against Defendants Gipson, Espinosa, Lambert and
Cavazos. The Court further recommended that the remaining claims, as well as Defendants

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Savermilch, Musselman, Garcia, Rodriguez, Vogel, Gonzalez, Beard, Cate and Castro, be
dismissed.

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Plaintiff returned service documents and the United States Marshall was directed to serve
Defendants Gipson, Espinosa, Lambert and Cavazos on October 11, 2013.

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On October 15, 2013, despite his prior notification to proceed only on the cognizable
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claims, Plaintiff submitted objections to the Findings and Recommendations. Plaintiff’s
objections are inconsistent to his willingness to proceed only on the cognizable claims.
Accordingly, within twenty-one days, Plaintiff shall CLARIFY his intent. If Plaintiff is

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willing to proceed on the cognizable claims, he shall notify the Court and the Findings and

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Recommendations will be adopted and this action will move forward accordingly. If Plaintiff

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intends to file an amended complaint, he shall notify the Court and the Findings and

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Recommendations will be vacated. If Plaintiff elects to amend, his amended complaint will

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be screened in due course and the October 11, 2013, 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

October 17, 2013

UNITED STATES MAGISTRATE JUDGE
DEAC_Sig nature-END:

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L. Beck

3b142a

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