Paviglianti

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ANTONIO LAMONT CAIN, Case No. 2:20-cv-1768-JAM-JDP (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

TO PROCEED ON HIS FIRST AMENDED

v. COMPLAINT AND DIRECTING SERVICE

BY THE UNITED STATES MARSHAL

B. PAVIGLIANTI, WITHOUT PREPAYMENT OF COSTS Defendant. 15 Plaintiff is a federal prisoner proceeding without counsel in this Bivens action. The court previously screened plaintiff’s first amended complaint and found that it stated an Eighth Amendment excessive force claim against defendant Paviglianti. ECF No. 16. After defendant filed a formal waiver of service, ECF No. 31, plaintiff filed a motion to amend the complaint, ECF No. 33. That motion was granted, and plaintiff was directed to file a second amended complaint by no later than March 11, 2022. ECF No. 41. Plaintiff has since filed a document in which he states that he no longer wishes to amend his complaint, and that he wants to proceed on his…