(PC) Davis v. Kelley ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN DAVIS, No. 2:22-cv-0773 DB P 12 Plaintiff, 13 v. ORDER 14 K. KELLEY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims that he has received inadequate medical care in violation of his 19 rights. By order dated October 11, 2023, the undersigned screened plaintiff’s fourth amended 20 complaint. (ECF No. 29.) Therein, the undersigned determined plaintiff stated a potentially 21 cognizable deliberate indifference claim against Dr. Ashe but did not contain any additional 22 claims. (Id. at 7-8.) Plaintiff was given the option to proceed immediately or to file an amended 23 complaint. (Id. at 7-10.) 24 Plaintiff has elected to file an amended complaint. (ECF No. 31.) Plaintiff has had 25 several opportunities to amend the complaint in order to state cognizable claims against the 26 identified defendants. (See ECF Nos. 1, 6, 11, 12, 13, 14, 17, 18, 23, 29.) He is advised that 27 should the fifth amended complaint fail to state a cognizable claim against previously identified 28 claims and/or defendants, the undersigned will recommend that those claims and/or defendants be 1 | dismissed without leave to amend. See Zucco Partnrs, LLC v. Digimare Corp., 552 F.3d 981, 2 | 1007 (9th Cir. 2009) (internal quotation marks omitted) (A plaintiffs “repeated failure to cure 3 | deficiencies” constitutes “a strong indication that the [plaintiff] has no additional facts to plead” 4 | and “that any attempt to amend would be futile[.]’”). 5 For the reasons set forth above, IT IS HEREBY ORDERED that: 6 1. Plaintiff is granted thirty (30) from the date of service of this order to file an amended 7 | complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil 8 | Procedure, and the Local Rules of Practice. The amended complaint must bear the docket 9 | number assigned to this case and must be labeled “Fifth Amended Complaint.” 10 2. Failure to comply with this order will result in a recommendation that this action be 11 | dismissed. 12 || Dated: November 21, 2023 14 15 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 16 17 18 19 DB:12 20 | DB/DB Prisoner Inbox/Civil Rights/R/davi0773.amd(2) 21 22 23 24 25 26 27 28