(PC) Lamon v. Pfeiffer ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BARRY LOUIS LAMON, ) Case No.: 1:20-cv-00896-AWI-SAB (PC) ) 12 Plaintiff, ) ) ORDER REGARDING PLAINTIFF’S NOTICE 13 v. ) TO PROCEED ON CLAIMS FOUND TO BE COGNIZABLE 14 C. PFEIFFER, et.al., ) ) (ECF No. 13) 15 Defendants. ) ) 16 ) ) 17 ) ) 18 Plaintiff Barry Louis Lamon is appearing pro se and in forma pauperis in this civil rights 19 action pursuant to 42 U.S.C. § 1983. 20 On July 21, 2020, the undersigned screened Plaintiff’s complaint, found that Plaintiff stated 21 separate cognizable claims for retaliation against Defendants Jones, Moffett, Moore, Alvarez, Eaker, 22 Gonzalez, Rivera-Sierra, Ronquillo, Luna, Ramirez, Goss, Bennett-Beach and Velasco, separate 23 cognizable claims for failure to protect against Defendants Corona, Loera, Ramirez, Eaker, Luna, 24 Jones, Moffett, Moore, Alvarez, Ronquillo, Luna, Rivera-Sierra and Clare, a cognizable Bane Act 25 claim against Corona, Jones, Moffett, Moore, Alvarez, Eaker, Gonzalez, Rivera-Sierra, Ronquillo, 26 Luna, Ramirez, Goss, Bennett-Beach, Loera and Velasco, and a cognizable intentional infliction of 27 emotional distress claim against Defendants Corona, Jones, Moffett, Moore, Alvarez, Eaker, 28 wOoe 4:6 SAAD MUTTON Ar POO MOI Ee OY eve 1 || Gonzalez, Rivera-Sierra, Ronquillo, Luna, Ramirez, Goss, Bennett-Beach, Loera Velasco, and 2 || Plaintiff was granted leave to file an amended complaint or notify the Court of his intent to proceed 3 || only on the claims found to be cognizable. (ECF No. 11.) 4 On August 3, 2020, Plaintiff filed an equivocal notice of intent to proceed on the claims founc 5 || to be cognizable. (ECF No. 13.) Plaintiff titles his motion, “Plaintiff's consent to proceeding on thos 6 || claims the court has found cognizable [in part], objections to other findings, and statement of decisiot 7 || to stand on the complaint.” (Id.) Plaintiff contends that he states a cognizable failure to protect clain 8 || against Defendants Stark and Pfeiffer, and has stated a cognizable state law tort claim for loss of his 9 || personal property. (Id.) 10 Plaintiff is advised that the Court’s July 21, 2020 order was not a final order as he was □□□□□□ 11 || leave to file an amended complaint, if so desired. Thus, at this juncture, if Plaintiff disagrees with the 12 || Court’s July 21, 2020 screening order, he should file an amended complaint attempting to cure the 13 || deficiencies outlined in the court’s order.! If Plaintiff files an amended complaint and the Court issue 14 || a recommendation to dismiss certain claims and/or Defendants, Plaintiff may at that time file 15 || objections, if so desired. 16 Accordingly, it is HEREBY ORDERED that: 17 1. The Clerk of Court shall send Plaintiff a blank amended civil rights complaint form; 18 and 19 2. Within thirty (30) days from the date of service of this order, Plaintiff shall either file 20 an amended complaint or file an unequivocal notice of intent to proceed on claims 21 found to be cognizable. 22 23 ||} IT IS SO ORDERED. A (re 24 lI pated: _ August 6, 2020 OF 25 UNITED STATES MAGISTRATE JUDGE 26 27 ||! Plaintiff is advised that an amended complaint supersedes the original complaint. Lacey, 693 F.3d at 927. Therefore, a 38 amended complaint must be “complete in itself without reference to the prior or superseded pleading.” Local Rule 220.