Burden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 COLTON JAMES ROOD, Case No. 1:20-cv-00315-JLT (PC)

Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE

A FIRST AMENDED COMPLAINT OR

v. NOTIFY THE COURT OF HIS DESIRE TO

PROCEED ONLY ON CLAIMS FOUND

A. PALAFOX, et al., COGNIZABLE

Defendants. (Doc. 1)

21-DAY DEADLINE

Plaintiff alleges the defendants failed to protect him from an attack by other inmates. (Doc. 1.) The Court finds that Plaintiff states a cognizable Eighth Amendment claim against Defendant Burden and the unnamed “D yard Captain” in their individual capacities. Plaintiff’s official-capacity claims and his claims against Defendant Palafox and the unnamed warden are not cognizable. Therefore, the Court directs Plaintiff to file a first amended complaint curing the deficiencies in his pleading or a notice that he wishes to proceed only on the claims found cognizable in this order. I. SCREENING REQUIREMENT …