Tercero

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 ANDRE UNDERWOOD, Case No. 2:21-cv-01566-JDP (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS J. TERCERO, et al., ECF No. 2 Defendants. SCREENING ORDER THAT PLAINTIFF: (1) CHOOSE TO PROCEED ONLY

WITH HIS DUE PROCESS CLAIMS

AGAINST DEFENDANT G. ELLIN

AND DISMISS HIS CLAIM AGAINST

DEFENDANT TERCERO; OR (2) FILE AN AMENDED

COMPLAINT

18 ECF No. 1

THIRTY-DAY DEADLINE

21 Plaintiff has filed a complaint alleging that defendant Tercero issued a false disciplinary violation against him and that defendant Ellin violated his due process rights at the ensuing disciplinary hearing. His claims against defendant Ellin are suitable to proceed, but his claims against Tercero are not. Plaintiff must choose whether to proceed only with…