(PC) Delphin v. Morley, et al.

Filing 43

ORDER for Clarification, signed by Magistrate Judge Sheila K. Oberto on 04/27/2021. Twenty-One Day Deadline. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMY DELPHIN,

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Case No. 1:19-cv-01076-NONE-SKO (PC)

Plaintiff,
ORDER FOR CLARIFICATION

v.
J. MORLEY, et al.,

21-DAY DEADLINE

Defendants.

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On January 27, 2021, the undersigned issued findings and recommendations to grant

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Defendants’ motion to partially dismiss the complaint. (Doc. 34.) On March 26, 2021, District

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Judge Dale A. Drozd adopted the findings and recommendations, dismissing, with leave to

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amend, Plaintiff’s claims of excessive force and failure to intercede against Defendants

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Hammonds and Whitson. (Doc. 37.)

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On March 26, 2021, the Court directed Plaintiff to file a first amended complaint curing

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the deficiencies in his pleading or a notice that he wishes to proceed only on the claims previously

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found cognizable, i.e., claims of excessive force and/or failure to intercede against Defendants

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Banuelos, Morley, and Villalobos and claims of deliberate indifference to serious medical needs

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against Defendants Brown and Stewart. (Doc. 38.)

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On April 19, 2021, Plaintiff filed a first amended complaint. (Doc. 41.) However, on April
26, 2021, Plaintiff filed a notice that he “wish[es] to not file a first amended complaint and

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instead wish[es] to . . . proceed” on the claims previously found cognizable, identified above.

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(Doc. 42.) Thus, Plaintiff has filed conflicting documents.

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Accordingly, the Court DIRECTS Plaintiff to file a notice indicating (1) whether he

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wishes to proceed on his first amended complaint or (2) whether he instead wishes to withdraw

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his first amended complaint and proceed only on the claims of excessive force and/or failure to

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intercede against Defendants Banuelos, Morley, and Villalobos, and the claims of deliberate

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indifference to serious medical needs against Defendants Brown and Stewart, in his original

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complaint. Plaintiff shall have 21 days from the date of service of this order to file the notice.

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IT IS SO ORDERED.
Dated:

April 27, 2021

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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