Friedman

MEMORANDUM

Reginald Smith, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety and medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal pursuant to 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm in part, reverse in part, and remand.

The district court concluded that Smith had abandoned his claims against defendant Adam because Smith did not re-allege those claims in the amended complaint. However, the district court’s initial order of dismissal, filed on March 10, 2006, states: “Plaintiffs claims against defendant Adams [sic] are cognizable under 42 U.S.C. § 1983 . For reasons of judicial economy, however, service of those claims will be held until plaintiff files an amended complaint, so all claims can proceed together. If plaintiff fails to timely amend his complaint, or if the amended claims are dismissed after review, the herein cognizable claims will be served.” Once the district court dismissed Smith’s amended claims, it should have ordered service of the claims against Adam, consistent with…