(PC) Allen v. Black
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CEDRIC R. ALLEN, No. 2:23-cv-02917 TLN SCR P Plaintiff, v. ORDER BLACK, et al., Defendants. 16 Plaintiff is a state inmate proceeding pro se in this civil rights action under 42 U.S.C. § 1983. This matter is referred to the undersigned by Local Rule 302. See 28 U.S.C. § 636(b)(1). Plaintiff’s complaint is before the court for screening. For screening purposes, the complaint adequately states an Eighth Amendment excessive force claim against defendants Black and John Doe. However, plaintiff’s complaint does not state a claim for Eighth Amendment deliberate indifference to a serious medical need against defendant Anderson. Plaintiff has the option of either filing an amended complaint or proceeding with his cognizable claim against Black and John Doe. The court advises plaintiff that if he chooses to proceed on his cognizable claim, the court cannot order service of defendant John Doe until