(PC)Haynes
(PC)Haynes v. Delacruz
Opinion
Trial Court Opinion
BACKGROUND
24 Plaintiff initiated this action by filing a civil rights complaint under 42 U.S.C. § 1983. 25 (Doc. No. 1, “Complaint”). On November 15, 2024, pursuant to 28 U.S.C. § 1915A the Court
1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Cal. 2023). 28 issued a screening order finding Plaintiff’s original Complaint failed to state a federal claim against any Defendant. (See generally Doc. No. 11). The Court afforded Plaintiff three options to exercise no later than December 10, 2024: (1) file an amended complaint; (2) file a notice that he intends to stand on his Complaint subject to the undersigned recommending the district court dismiss for reasons stated in the November 15, 2024 Screening Order; or (3) file a notice to voluntarily dismiss this action, without prejudice, under Federal Rule of Civil Procedure 41(a)(1) because no defendant had yet been served. (Id. at 10-11). Plaintiff was required to deliver his response to the Court’s Screening Order to correctional officials for mailing no later than December 10, 2024. (Id. at 10 ¶ 1). The Court expressly warned that…