Cunningham
Cunningham v. Ramos
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MELVIN LYNN CUNNINGHAM, JR., Case No.: 23cv351-JAH (MSB)
Plaintiff,
ORDER EXTENDING TIME FOR SERVICE
v. ALFONSO RAMOS, Defendant. 16 17 I. BACKGROUND Plaintiff Melvin Lynn Cunningham, Jr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. (ECF No. 1.) On August 7, 2023, the Court screened Plaintiff’s Complaint as required by 28 U.S.C. §§ 1915(e)(2) & 1915A(b) and found that Plaintiff alleged plausible First and Eighth Amendment claims against Officer Ramos but failed to state any plausible claim against Officer Mora. (ECF No. 8 at 5‒8.) The Court instructed Plaintiff that within forty-five days he could either: (1) file a Notice of Intent to proceed against only Officer Ramos, or (2) file an Amended Complaint correcting the Complaint’s deficiencies. (Id. at 9.) On February 1, 2024, Plaintiff filed a Notice of Intent to proceed with…