(PC) Michel v. Gipson ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FABIAN HANCY MICHEL, No. 2:21-cv-2178 WBS KJN P 12 Plaintiff, 13 v. ORDER 14 CONNIE GIPSON, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 24, 2022, the undersigned recommended that this action be dismissed without 21 leave to amend because he failed to identify a cognizable due process violation in connection with 22 the December 6, 2020 rules violation report. (ECF No. 25 at 6.) On November 7, 2022, another 23 inmate prepared objections for plaintiff, which are signed by plaintiff, stating that because 24 plaintiff is receiving mental health care services at the EOP1 level of care and has been identified 25 1 The Mental Health Services Delivery System Program Guide for the California Department of 26 Corrections and Rehabilitation provides four levels of mental health care services: Correctional 27 Clinical Case Management System (“CCCMS”); Enhanced Outpatient (“EOP”); Mental Health Crisis Bed (“MHCB”) and inpatient hospital care. Coleman v. Brown, 2013 WL 6491529, at *1 28 (E.D. Cal. Dec. 10, 2013). 1 | as developmentally disabled, plaintiff did not understand what the court required in its prior 2 || screening orders. (ECF No. 26.) Plaintiff seeks leave to file a third amended complaint. 3 As noted in the court’s prior screening orders, it is unclear plaintiff can rectify the 4 || pleading defects by amendment. However, in an abundance of caution, plaintiff is granted leave 5 || to submit a third amended complaint. However, in the interim, the findings and recommendations 6 || shall remain pending. If plaintiff fails to file a third amended complaint, the findings and 7 || recommendations will be referred to the district court for review and adoption. 8 Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days from the date 9 || of this order to file a third amended complaint. Failure to file such pleading may result in the 10 || dismissal of this action. 11 | Dated: November 14, 2022 Aectl Aharon 13 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 14 /mich2178.lta 15 16 17 18 19 20 21 22 23 24 25 26 27 28