Gosai

(PC) Hicks v. Gosai

Good Law
United States District Court, Eastern District of CaliforniaNovember 1, 20212:20-cv-02303California713 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARYL ANTHONY HICKS, Case No. 2:20-cv-02303-JDP (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO PROCEED ON BOTH HIS SIXTH AND

v. EIGHTH AMENDMENT CLAIMS GOSAI, et al., ECF No. 16 Defendants. 16 17 18 I previously screened plaintiff’s first amended complaint pursuant to 28 U.S.C. § 1915A. I notified plaintiff that he had adequately alleged an Eighth Amendment claim against defendant Gosai, but that his Sixth Amendment claim was not adequately pled. ECF No. 13. I notified him that he could either proceed on his cognizable Eighth Amendment claim or file an amended complaint. Id. Plaintiff subsequently filed a motion to amend the complaint, ECF No. 14, which was granted, ECF No. 15. Rather than file an amended complaint, plaintiff has now filed a document styled as a petition for leave to file an addendum and to amend. ECF No. 16. In that filing he asks that he be allowed to proceed on both his…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.