Kelly

(PC) Hernandez v. Kelly

Good Law
United States District Court, Eastern District of CaliforniaApril 18, 20221:21-cv-00130California1,093 words

Opinion

Trial Court Opinion

I. INTRODUCTION

21 On February 1, 2022, the Court issued its first screening order. (Doc. 10.) The 22 undersigned determined Plaintiff had failed to establish a cognizable claim of deliberate 23 indifference under the Eighth Amendment. (Id. at 3-5.) Plaintiff was granted leave to file an 24 amended complaint1 curing the deficiencies identified in the order. (Id. at 5.) Plaintiff was to file 25 the amended complaint within 21 days, or, alternatively, to file a notice of voluntary dismissal.

1 The order references a “second amended complaint.” In fact, had Plaintiff complied with the order, the amended complaint would have been properly designated a first amended complaint subject to further screening by the Court. (Id. at 5.) More than 21 days passed, and Plaintiff failed to file an amended complaint or a notice of voluntary dismissal. On March 15, 2022, the Court issued an Order to Show Cause (“OSC”) why the action should not be dismissed for a failure to a obey court order. (Doc. 11.) Plaintiff was provided 21 days within which to file a written response to the OSC, or, alternatively, to file a first amended complaint or notice of voluntary…

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