(PC) Metcalf v. Aruayo

Opinion

8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

11 DENZELL MAGIC METCALF, Case No. 1:23-cv-01069-EPG (PC)

12 Plaintiff,

13 v. ORDER AMENDING CASE CAPTION 14 JOSE AGUAZO, et al., 15 Defendants. 16 17 Plaintiff Denzell Magic Metcalf is a state prisoner proceeding pro se in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action by filing a complaint 19 on July 18, 2023 (ECF No. 1), followed by filing a First Amended Complaint on September 14, 20 2023 (ECF No. 8). While Plaintiff made allegations against Carlos Rodriguez in his original 21 complaint (ECF No. 1), Plaintiff’s First Amended Complaint did not name Rodriguez as a 22 defendant (ECF No. 8). Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012). 23 The Court screened Plaintiff’s First Amended Complaint and found that Plaintiff’s 24 Eighth Amendment excessive force claims against defendants Jose Aguazo, Taiban, and Albirt 25 or Albert Gibbons, as well as Plaintiff’s Eighth Amendment deliberate indifference to serious 26 medical needs claim against David Miller should proceed past screening. (ECF No. 11). The 27 Court then ordered service of the First Amended Complaint under the Court’s E-Service pilot 28 program for civil rights cases by providing paperwork regarding the defendants electronically 1 || to the California Department of Corrections and Rehabilitation (CDCR) and the California 2 || Attorney General’s Office. (ECF No. 12). As ordered, the CDCR timely filed with the Court 3 || the “CDCR Notice of E-Service Waiver” (ECF No. 14) advising the Court that all of the 4 || defendants in the E-Service Order (ECF No. 12) will be waiving service of process without the 5 || need for personal service by Plaintiff. 6 The CDCR Notice also provided correct spelling for Defendants’ names: Jose Aruayo, 7 || Albert Gibbons, Mario Tabian, and David Willer. (ECF No. 14). 8 Accordingly, IT IS ORDERED that: 9 1) The Clerk of Court is directed to terminate defendant Carlos Rodriguez from 10 the docket and to update the docket to reflect that this action proceeds against 11 Jose Aruayo, Albert Gibbons, Mario Tabian, and David Willer. 12 2) Future filings shall refer to this case as Metcalf v. Aruayo, et al. 13 14 IT IS SO ORDERED. 'S Dated: _ April 10, 2024 [Je hey — 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28