(PC) Lamon v. Pfeiffer

Opinion

BARRY LOUIS LAMON, ) Case No.: 1:20-cv-00896-AWI-SAB (PC) ) Plaintiff, ) ) ORDER REGARDING PLAINTIFF’S NOTICE v. ) TO PROCEED ON CLAIMS FOUND TO BE COGNIZABLE C. PFEIFFER, et.al., ) ) (ECF No. 13) Defendants. ) ) ) ) ) )

Plaintiff Barry Louis Lamon is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On July 21, 2020, the undersigned screened Plaintiff’s complaint, found that Plaintiff stated separate cognizable claims for retaliation against Defendants Jones, Moffett, Moore, Alvarez, Eaker, Gonzalez, Rivera-Sierra, Ronquillo, Luna, Ramirez, Goss, Bennett-Beach and Velasco, separate cognizable claims for failure to protect against Defendants Corona, Loera, Ramirez, Eaker, Luna, Jones, Moffett, Moore, Alvarez, Ronquillo, Luna, Rivera-Sierra and Clare, a cognizable Bane Act claim against Corona, Jones, Moffett, Moore, Alvarez, Eaker, Gonzalez, Rivera-Sierra, Ronquillo, Luna, Ramirez, Goss, Bennett-Beach, Loera and Velasco, and a cognizable intentional infliction of emotional distress claim against Defendants Corona, Jones, Moffett, Moore, Alvarez, Eaker, wOoe 4:6 SAAD MUTTON Ar POO MOI Ee OY eve

Gonzalez, Rivera-Sierra, Ronquillo, Luna, Ramirez, Goss, Bennett-Beach, Loera Velasco, and Plaintiff was granted leave to file an amended complaint or notify the Court of his intent to proceed only on the claims found to be cognizable. (ECF No. 11.) On August 3, 2020, Plaintiff filed an equivocal notice of intent to proceed on the claims founc to be cognizable. (ECF No. 13.) Plaintiff titles his motion, “Plaintiff's consent to proceeding on thos claims the court has found cognizable [in part], objections to other findings, and statement of decisiot to stand on the complaint.” (Id.) Plaintiff contends that he states a cognizable failure to protect clain against Defendants Stark and Pfeiffer, and has stated a cognizable state law tort claim for loss of his personal property. (Id.) Plaintiff is advised that the Court’s July 21, 2020 order was not a final order as he was □□□□□□ leave to file an amended complaint, if so desired. Thus, at this juncture, if Plaintiff disagrees with the Court’s July 21, 2020 screening order, he should file an amended complaint attempting to cure the deficiencies outlined in the court’s order.! If Plaintiff files an amended complaint and the Court issue a recommendation to dismiss certain claims and/or Defendants, Plaintiff may at that time file objections, if so desired. Accordingly, it is HEREBY ORDERED that: 1. The Clerk of Court shall send Plaintiff a blank amended civil rights complaint form; and 2. Within thirty (30) days from the date of service of this order, Plaintiff shall either file an amended complaint or file an unequivocal notice of intent to proceed on claims found to be cognizable. } IT IS SO ORDERED. A (re lI pated: _ August 6, 2020 OF UNITED STATES MAGISTRATE JUDGE ! 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.