(PC) Eric O'Dell v. Cheryl Mims

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERIC O’DELL, Case No. 1:20-cv-00378-NONE-JLT (PC)

Plaintiff, ORDER DIRECTING PLAINTIFF TO

FILE A SECOND AMENDED

v.

COMPLAINT OR NOTIFY THE COURT

C. MIMS, et al., OF HIS DESIRE TO PROCEED ONLY ON

CLAIMS FOUND COGNIZABLE

Defendants. 21-DAY DEADLINE 16 Defendants removed this action from state court pursuant to 28 U.S.C. §§ 1441 and 1446. (Doc. 1.) Defendants request that the Court screen Plaintiff’s first amended complaint pursuant to 28 U.S.C. § 1915A. (Id. at 3.) Because Plaintiff is a state prisoner seeking relief against a state actor (see Doc. 1 at 17-24), screening is mandatory in this action. See 28 U.S.C. § 1915A(a). Accordingly, the Court grants Defendant’s request.1 Upon screening, the Court finds that Plaintiff states cognizable claims of deliberate indifference to serious medical needs and intentional infliction of emotional distress against Defendants Mims, and cognizable claims of medical negligence against…