(PC) Baker v. Solorano ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MILLARD WAYNE BAKER, Jr., Case No. 2:22-cv-01096-KJM-JDP (PC) 12 Plaintiff, ORDER VACATING THE DECEMBER 22, 2022 FINDINGS AND 13 v. RECOMMENDATIONS AND GRANTING PLAINTIFF’S MOTION TO FILE AN 14 SOLORANO, et al., AMENDED COMPLAINT 15 Defendants. ECF No. 24 16 17 18 On December 22, 2022, I screened plaintiff’s first amended complaint and found that it 19 stated cognizable Eighth Amendment failure to protect claims against defendants Solorano, 20 Morris, and six Doe defendants. ECF No. 14. I also recommended that plaintiff’s denial of 21 medical care claim against the seventh Doe defendant be dismissed as unrelated. Id. Plaintiff has 22 since filed a motion asking the court to invoke supplemental jurisdiction over state law tort 23 claims. ECF No. 24. In light of plaintiff’s motion, I will vacate my December 22 findings and 24 recommendations and allow plaintiff thirty days to file an amended complaint that includes his 25 state law claims and any other claims that he wishes to pursue in this action. Plaintiff is reminded 26 that the amended complaint will supersede the current complaint. See Lacey v. Maricopa Cnty., 27 693 F. 3d 896, 907 n.1 (9th Cir. 2012) (en banc). Plaintiff’s amended complaint must be 28 complete on its face without reference to the prior pleading. See E.D. Cal. L.R. 220. 1 Accordingly, it is hereby ORDERED that: 2 1. The December 22, 2022 findings and recommendations, ECF No. 14, are vacated. 3 2. Plaintiffs motion for supplemental jurisdiction, ECF No. 24, is construed as a motion 4 | to file an amended complaint. 5 3. Plaintiffs motion to file an amended complaint, ECF No. 24, is granted. 6 4. Plaintiff shall file an amended complaint within thirty days of issuance of this order. 7 5. The Clerk of Court is directed to send plaintiff a form complaint. 8 9 IT IS SO ORDERED. 10 ( 1 Ow — Dated: _ February 22, 2023 q-—— 11 JEREMY D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28