Garcia

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AUMINTRIUS DAMOUR GUNN, No. 2:20-cv-2232 AC P Plaintiff, v. ORDER and R. OLMSTEAD, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a former county prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On August 9, 2021, the undersigned screened the first amended complaint and found that plaintiff’s deliberate indifference claim against defendant Garcia stated a claim for relief while his state tort claims and claims against defendants Gardner, Olmstead, and Stanton Correctional Facility were insufficient. ECF No. 13. Plaintiff was given the option of amending the complaint or proceeding immediately on his claims against defendant Garcia. Id. at 6-7. He was further advised that if he failed to notify the court how he wanted to proceed, the court would assume that he was choosing to proceed on the complaint as screened and recommend dismissal without prejudice of his…