Unknown
(PC) Pavao v. Unknown
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ENRICO PAVAO, No. 2:20-cv-1693 CKD P Plaintiff, v. ORDER UNKNOWN, Defendant. 16 Plaintiff is a former county inmate proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On January 21, 2021, the court screened plaintiff’s complaint and gave him the choice of proceeding immediately on the Eighth Amendment claim against defendants or amending his complaint to attempt to cure the deficiencies with respect to the remaining claims. Plaintiff filed a notice of election indicating his desire to file an amended complaint. The court will grant plaintiff thirty days to file an amended complaint. In light of plaintiff’s decision to amend his complaint, the court will deny his ex parte application for limited discovery as premature. A discovery and scheduling order will issue only if the court finds that service of plaintiff’s amended complaint is appropriate. See 28…