Padgett

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM PATRICK GARCIA, No. 2:21-cv-0875 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

T. PADGETT, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On December 21, 2023, the court screened the complaint and found that plaintiff may proceed against defendant Padgett on an Eighth Amendment deliberate indifference claim but that the remaining claims against Padgett and the other defendants were insufficient. ECF No. 19. Plaintiff was given the options of amending the complaint or proceeding immediately on his cognizable Eighth Amendment claim against defendant Padgett. Id. at 9. He was further advised that if he failed to notify the court how he wanted to proceed, the court would assume that he was choosing to proceed on the complaint as screened and would recommend dismissal without prejudice of the remaining claims and defendants. …