(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY DELPHIN, 12 13 14 15 Case No. 1:19-cv-01076-NONE-SKO (PC) Plaintiff, ORDER FOR CLARIFICATION v. J. MORLEY, et al., 21-DAY DEADLINE Defendants. 16 17 On January 27, 2021, the undersigned issued findings and recommendations to grant 18 Defendants’ motion to partially dismiss the complaint. (Doc. 34.) On March 26, 2021, District 19 Judge Dale A. Drozd adopted the findings and recommendations, dismissing, with leave to 20 amend, Plaintiff’s claims of excessive force and failure to intercede against Defendants 21 Hammonds and Whitson. (Doc. 37.) 22 On March 26, 2021, the Court directed Plaintiff to file a first amended complaint curing 23 the deficiencies in his pleading or a notice that he wishes to proceed only on the claims previously 24 found cognizable, i.e., claims of excessive force and/or failure to intercede against Defendants 25 Banuelos, Morley, and Villalobos and claims of deliberate indifference to serious medical needs 26 against Defendants Brown and Stewart. (Doc. 38.) 27 28 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 1 instead wish[es] to . . . proceed” on the claims previously found cognizable, identified above. 2 (Doc. 42.) Thus, Plaintiff has filed conflicting documents. 3 Accordingly, the Court DIRECTS Plaintiff to file a notice indicating (1) whether he 4 wishes to proceed on his first amended complaint or (2) whether he instead wishes to withdraw 5 his first amended complaint and proceed only on the claims of excessive force and/or failure to 6 intercede against Defendants Banuelos, Morley, and Villalobos, and the claims of deliberate 7 indifference to serious medical needs against Defendants Brown and Stewart, in his original 8 complaint. Plaintiff shall have 21 days from the date of service of this order to file the notice. 9 10 11 12 IT IS SO ORDERED. Dated: April 27, 2021 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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