(PC) Kocak v. CDCR et al

Filing 15

ORDER DIRECTING Plaintiff to Refile Notice on How to Proceed; Plaintiff's Notice on How to Proceed Due September 10, 2024; Plaintiff's Amended Complaint, if any, Due September 26, 2024, signed by Magistrate Judge Gary S. Austin on August 27, 2024. (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN IVAN KOCAK,

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Plaintiff,

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v.

Defendants.

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ORDER DIRECTING PLAINTIFF TO
REFILE NOTICE ON HOW TO PROCEED
PLAINTIFF’S NOTICE ON HOW TO
PROCEED DUE SEPTEMBER 10, 2024

CDCR, et al.,

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No. 1:21-cv-01669 GSA (PC)

PLAINTIFF’S AMENDED COMPLAINT, IF
ANY, DUE SEPTEMBER 26, 2024

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil
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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On March 18, 2024, the complaint was screened and Plaintiff was given the opportunity
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either to amend the complaint or to proceed on the complaint as screened. ECF No. 13 at 14-15
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(screening order). Shortly thereafter, Plaintiff filed his notice on how to proceed. See ECF No.
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13.
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A comparison of the screening order and the notice on how to proceed form sent to
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Plaintiff indicates that they contradict one another. Specifically, the viable claims identified in
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the screening order are not the same as the viable claims identified in the notice on how to
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proceed form. Compare ECF No. 12 at 5-12 (complaint analysis), with ECF No. 12 at 16 (notice
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on how to proceed form).
Because of this conflict, it is uncertain on which claims Plaintiff would like to proceed.

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Therefore, Plaintiff will be sent another copy of the screened complaint and he will be directed to

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complete and return a second, corrected notice on how to proceed form.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court shall send Plaintiff a copy of the screened complaint without the

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deficient notice on how to proceed form that is attached to it. See ECF No. 12 at 16

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(deficient notice on how to proceed form);

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2. Within fourteen days from the date of this order – by September 10, 2024, – Plaintiff

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must complete and return the corrected notice on how to proceed form that is attached

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to the end of this order, and

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3. On the notice form, should Plaintiff choose to amend the complaint, he will be given

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thirty days from the date of this order, i.e., until September 26, 2024, to file a first

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amended complaint.

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IT IS SO ORDERED.
Dated:

August 27, 2024

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN IVAN KOCAK,

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No. 1:21-cv-01669 GSA (PC)

Plaintiff,
PLAINTIFF’S NOTICE ON HOW TO
PROCEED (CORRECTED)

v.
CDCR, et al.,

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Defendants.

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CHECK ONE:
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Plaintiff would like to proceed immediately on: (1) his Eighth Amendment failure to
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protect claim against Defendant Jaime; (2) his Eighth Amendment right to protection from
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inhumane conditions of confinement against Defendant Jaime, and (3) his state law negligence
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claim against Defendant Jaime, but only if he presents evidence that he has complied with
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California Government Claims Act. Plaintiff understands that by choosing to go forward without
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amending the complaint, he is voluntarily dismissing all other claims and all other Defendants
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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).
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Plaintiff would like to amend the complaint.
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DATED:
_______________________________
JOHN IVAN KOCAK
Plaintiff Pro Se