(PC) Hill v. Bartos ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH HILL, No. 2:20-cv-00221 TLN CKD P 12 Plaintiff, 13 v. ORDER 14 BARTOS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed 18 pursuant to 42 U.S.C. § 1983. Plaintiff’s amended complaint is before the court for screening 19 under 28 U.S.C. § 1915A(a). The court has conducted the required screening and finds that 20 plaintiff may proceed on the following claims: 21 1. A claim arising under the Equal Protection Clause of the Fourteenth Amendment 22 against defendant Bartos related to the confiscation of plaintiff’s personal property. 23 2. A claim arising under the First Amendment against defendant Bartos for retaliation 24 against plaintiff for protected conduct. 25 3. A claim arising under the Eighth Amendment against defendant Bartos for use of 26 excessive force as described in paragraph 23 of plaintiff’s amended complaint. 27 4. A claim arising under the Eighth Amendment against defendant Murphy for use of 28 excessive force as described in paragraph 43 of plaintiff’s amended complaint. 1 5. A claim arising under the Eighth Amendment against defendants Cottrell, Murphy, 2 | Hooven, Eckernaught and Parrish for use of excessive force as described in paragraph 45 of 3 | plaintiff's amended complaint. 4 6. A claim arising under the First Amendment against defendant Gustafason for 5 | retaliation against plaintiff for protected conduct as described in paragraphs 67 and 68 of 6 | plaintiff's amended complaint. 7 At this point, plaintiff has two options: 1) he may proceed on claims described above; or 8 | 2) make an attempt to cure the deficiencies in his amended complaint with respect to the other 9 | defendants and claims in a second amended complaint. If plaintiff choses to amend, he should 10 | refer to the court’s March 20, 2020 order for guidance. 11 Finally, plaintiff is reminded if he elects to amend that the court cannot refer to a prior 12 | pleading in order to make the second amended complaint complete. Local Rule 220 requires that 13 || an amended complaint be complete in itself without reference to any prior pleading. This is 14 | because, as a general rule, any amended complaint supersedes all other pleadings. See Loux v. 15 | Rhay, 375 F.2d 55, 57 (9th Cir. 1967). 16 In accordance with the above, IT IS HEREBY ORDERED that plaintiff is granted 21 days 17 | within which to complete and return the attached form notifying the court whether he wants to 18 || proceed on the claims described in this order or whether he wishes to file a second amended 19 | complaint in an attempt to cure the deficiencies in his amended complaint. If plaintiff does not 20 | return the form, this action will proceed on the claims described above. 21 | Dated: November 23, 2020 es A dj Kt . Ld { 1. 22 CAROLYN K. DELANEY : 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 hill0221.0p 27 28 1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 4 KENNETH HILL, Plaintiff, No. 2:19-cv-2152 TLN CKD P 5 v. 6 BARTOS, et al., Defendants. PLAINTIFF’S NOTICE OF 7 HOW TO PROCEED 8 9 Check one: 10 _____ Plaintiff wants to proceed immediately on the following claims: 11 1. A claim arising under the Equal Protection Clause of the Fourteenth Amendment 12 against defendant Bartos related to the confiscation of plaintiff’s personal property. 13 2. A claim arising under the First Amendment against defendant Bartos for retaliation 14 against plaintiff for protected conduct. 15 3. A claim arising under the Eighth Amendment against defendant Bartos for use of 16 excessive force as described in paragraph 23 of plaintiff’s amended complaint. 17 4. A claim arising under the Eighth Amendment against defendant Murphy for use of 18 excessive force as described in paragraph 43 of plaintiff’s amended complaint. 19 5. A claim arising under the Eighth Amendment against defendants Cottrell, Murphy, 20 Hooven, Eckernaught and Parrish for use of excessive force as described in paragraph 45 of 21 plaintiff’s amended complaint. 22 6. A claim arising under the First Amendment against defendant Gustafason for 23 retaliation against plaintiff for protected conduct as described in paragraphs 67 and 68 of 24 plaintiff’s amended complaint. 25 OR 26 _____ Plaintiff wants time to file a second amended complaint. 27 DATED: ________________________________ Plaintiff 28