Burton
(PC) Davis v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DON ANGELO DAVIS, No. 2:20-cv-1260 DB P Plaintiff, v. ORDER ROBERT BURTON, Warden, Defendant. 15 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that his Eighth Amendment rights were violated. Presently before the court is plaintiff’s motion for judicial notice. (ECF No. 21.) For the reasons set forth below, the court construes the request as a motion for consideration and will deny the motion. I. Background By order dated June 16, 2021, the court screened and dismissed plaintiff’s amended complaint because even though plaintiff had stated a potentially cognizable Eighth Amendment claim, he had identified only Doe defendants. (ECF No. 15.) Plaintiff was given sixty days leave to amend and advised to use the time to attempt to determine the names of the Doe defendants. (Id.) In response plaintiff filed a two-page…