Baughman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID PERRYMAN, No. 2:21-cv-0337 KJN P Plaintiff, v. ORDER DEPARTMENT OF CORRECTIONS, et al., 15 Defendants.

17 Plaintiff is a state prisoner, proceeding pro se. Plaintiff filed a motion for ninety-day extension of time to file an amended complaint. Plaintiff now confirms that he intends to proceed with his civil rights action, based, inter alia, on Eighth Amendment claims that defendants failed to protect plaintiff from a known hazard, rather than the negligence claim he earlier attempted. The court provided plaintiff with the standards governing an Eighth Amendment failure to protect claim in the March 8, 2021 screening order. Plaintiff is reminded that he is not required to provide legal authorities in his amended complaint. Rather, plaintiff is required to set forth the specific facts that support the elements of his claim. In the Eighth Amendment context, this requires demonstrating that the individual named as a defendant…