Thomas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HILBERT THOMAS, Case No. 23-cv-05617-JSC

Plaintiff,

ORDER GRANTING MOTION TO

v. PROCEED WITH FIRST AMENDED

COMPLAINT

OAK SMITH, et al., Re: Dkt. No. 57 Defendants.

Plaintiff, a California prisoner proceeding without representation by an attorney, filed this civil rights action under 42 U.S.C. § 1983. Defendants’ motion to dismiss Plaintiff’s First Amended Complaint was granted, and Plaintiff was granted leave to file a Second Amended Complaint. (ECF No. 56.) As Defendants’ motion did not seek dismissal of Plaintiff’s retaliation claim, Plaintiff was advised that his failure to file a Second Amended Complaint “will result in the First Amended Complaint being the operative complaint, and the case proceeding only with his retaliation claim.” (Id. at 9:27-10:1.) Plaintiff has filed a motion to proceed with his First Amended Complaint1 in which he indicates he does not intend to file a Second Amended Complaint and instead wishes to…