Hernandez v. Kokor et al

Filing 17

ORDER for CLARIFICATION; Twenty-One Day Deadline signed by Magistrate Judge Michael J. Seng on 9/27/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARINO ANTONIO HERNANDEZ

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Plaintiff,

Case No.: 1:16-cv-00716-MJS (PC)
ORDER FOR CLARIFICATION
(ECF No. 16)

v.

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WINFRED M. KOKOR, et al.,

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Defendants.

TWENTY-ONE DAY DEADLINE

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Plaintiff Marino Antonio Hernandez (“Plaintiff”) is a state prisoner proceeding pro

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se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff

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has consented to Magistrate Judge jurisdiction. (ECF No. 10.) No other parties have

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appeared.

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On September 1, 2016, the undersigned screened Plaintiff’s complaint and found

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it stated cognizable Eighth Amendment medical indifference and state law negligence

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claims against Defendants Dr. Winfred Kokor and Nurse Stronach, but no other

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cognizable claims. (ECF No. 15.) Plaintiff was invited to proceed on the above claims

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alone or file an amended complaint curing deficiencies in the non-cognizable claims.

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Before the Court is Plaintiff’s September 21, 2016 “Notice to Proceed, and

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Objections to Plaintiff’s Screening Complaint.” (ECF No. 16.) There Plaintiff states he is

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willing to proceed on the claims found to be cognizable, but he also states numerous
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objections to the undersigned’s screening Order. As a result, it is unclear to the Court

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whether Plaintiff wants only to record his objections while proceeding on the claims

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found cognizable, wants the Court to reconsider its dismissal of his non-cognizable

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claims, or wants to amend his complaint.

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Plaintiff’s notice of willingness to proceed suggests his intent to go forward only

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against Dr. Kokor and Nurse Stronach on the cognizable medical indifference and state

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tort claims. If that is his intent, no objections to the Court’s screening will be addressed.

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If Plaintiff wants the Court to consider his objections, he must file a motion for
reconsideration.
If Plaintiff wishes to amend his complaint, he must file an amended complaint
instead of the notice of intent to proceed.

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Accordingly, IT IS HEREBY ORDERED that within twenty-one days of this Order,

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Plaintiff shall file a notice clarifying his intentions as to how he wants to proceed. If

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Plaintiff fails to respond to this Order, his case may be dismissed for failure to comply

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with a Court Order.

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IT IS SO ORDERED.
Dated:

September 27, 2016

/s/

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UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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