Marcelo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARINO ANTONIO HERNANDEZ, Case No. 1:19-cv-01219-NONE-JLT (PC)

Plaintiff, ORDER DIRECTING PLAINTIFF TO

FILE A FIRST AMENDED COMPLAINT

v. OR NOTIFY THE COURT OF HIS

DESIRE TO PROCEED ONLY ON

J. MARCELO, et al., CLAIMS FOUND COGNIZABLE

Defendants. 21-DAY DEADLINE

16 On March 26, 2021, the Court granted Defendants’ motion to partially dismiss Plaintiff’s complaint. (Doc. 46.) The Court dismissed, with leave to amend, Plaintiff’s official-capacity claims under the Eighth Amendment, the Americans with Disabilities Act (ADA), and the Rehabilitation Act. (Id. at 3.) The Court also dismissed, without leave to amend, Plaintiff’s individual-capacity claims under the ADA and the Rehabilitation Act. (Id.) The Court allowed Plaintiff’s individual-capacity claims under the Eighth Amendment (for deliberate indifference to serious medical needs) to proceed. (Id.) Based on the above, the Court will grant Plaintiff an…