Cortinas v. McCabe, et al.

Filing 18

ORDER RE Defendants' 17 Request for Clarification of Screening Order signed by Chief Judge Lawrence J. O'Neill on 4/17/2017. (Sant Agata, S)

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1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 LARRY WILLIAM CORTINAS, 7 ORDER RE DEFENDANTS’ REQUEST FOR CLARIFICATION OF SCREENING ORDER (Doc. 17) Plaintiff, 8 9 1:16-CV-558-LJO-MJS (PC) v. CONALL MCCABE, et al., 10 Defendants. 11 12 13 Defendants Clark, Beregovskaya, Lenoir, and McCabe request that the Court clarify “whether 14 Plaintiff’s Fourteenth Amendment claim is proceeding against them or was dismissed” by the Court’s 15 screening Order. 16 The Court found in its screening order that “Plaintiff has stated claims under the Eighth and 17 Fourteenth Amendment against Clark, Beregovskaya, Lenoir, and McCabe.” The order’s conclusion, 18 however, failed to make clear that Plaintiff’s Fourteenth Amendment claim against those Defendants 19 may proceed. Accordingly, to clarify, the Court ORDERS that Plaintiff’s Fourteenth Amendment claim 20 against Defendants Clark, Beregovskaya, Lenoir, and McCabe may proceed. 21 22 IT IS SO ORDERED. 23 Dated: /s/ Lawrence J. O’Neill _____ April 17, 2017 UNITED STATES CHIEF DISTRICT JUDGE 24 25 1

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