Arce
(PC) Hendrix v. Arce
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN HENDRIX, Case No. 1:20-cv-01307-AWI-JLT (PC)
Plaintiff, FINDINGS AND RECOMMENDATIONS
TO DISMISS DEFENDANT
v. 14-DAY DEADLINE FOULK, et al., Defendants. 16 On June 3, 2021, the Court screened Plaintiff’s second amended complaint and found that it states a cognizable claim of deliberate indifference against Defendant Arce but not against Defendant Santoro. (Doc. 20.) The Court therefore directed Plaintiff to file a third amended complaint curing the deficiencies in his pleading or to notify the Court that he wishes to proceed only on the claim found cognizable. (Id. at 7.) On June 24, 2021, Plaintiff filed a notice that he “wishes to. . . proceed only on his deliberate indifference claim against . . . Arce and . . . dismiss . . . Santoro.” (Doc. 22 at 3.) Accordingly, and for the reasons set forth in the Court’s screening order (Doc. 20), the Court RECOMMENDS that Defendant Santoro be DISMISSED. These Findings and…