(PC) Smith v. Miller
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES ANTHONY SMITH, Case No. 2:15-cv-02534-TLN-JDP (PC) Plaintiff, SCREENING ORDER THAT PLAINTIFF: v. (1) FILE A THIRD AMENDED
COMPLAINT; OR
SISKIYOU COUNTY JAIL, et al., (2) NOTIFY THE COURT THAT HE Defendants. WISHES TO STAND BY HIS SECOND
AMENDED COMPLAINT, SUBJECT TO
DISMISSAL OF CLAIMS AND
DEFENDANTS
17 ECF No. 55
ORDER DENYING DEFENDANTS’
MOTION TO DISMISS AS MOOT ECF No. 56 21 The court previously dismissed plaintiff’s first amended complaint—which alleged claims against the Siskiyou County Jail and Deputy Sheriff Miller—and entered judgment accordingly. ECF Nos. 17, 27, 28. On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of plaintiff’s claims against Siskiyou County Jail, reversed the dismissal of his Eighth Amendment claim against Miller, and remanded…