Compton
(PC) Kilgore v. Compton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IVAN KILGORE, No. 2:17-cv-1560 AC P Plaintiff, v. ORDER R. COMPTON, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with this civil rights action which he originally filed in the Sacramento County Superior Court. Plaintiff challenges the quality of his medical care in 2015 under an Eighth Amendment deliberate indifference theory and under state medical negligence standards. See ECF No. 1. Defendants removed the case to this court. By order filed April 20, 2020, the undersigned found that the complaint fails to state a cognizable federal claim, and granted plaintiff leave to file an amended complaint. ECF No. 8. In response, plaintiff did not file an amended complaint but requests that this case be remanded to state court; he also requests that this court stay his putative federal claim pending resolution of his state law claim. ECF No. 11. Plaintiff cannot both maintain his…