Ruby

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 NICKY BOONE, No. 2:20-cv-2100 WBS DB P Plaintiff, v. ORDER RUBY, et al., Defendants. 15 16 Plaintiff, a state prisoner, proceeds pro se with a civil rights complaint under 42 U.S.C. § 1983. This matter is before the undersigned pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1). Plaintiff’s second amended complaint filed on April 25, 2022, is before the court for screening. (ECF No. 24.) For the reasons that follow, plaintiff may elect to either (1) proceed on the second amended complaint, as screened, with a claim under the Eighth Amendment claim against Officer Vargass; (2) or, in the alternative, plaintiff may elect to proceed on the first amended complaint, as previously screened, with claims under the Eighth Amendment against Officer Vargass, Sergeant Silva, Officer Ruby, Officer Armstead, and Officer Arbaca. Plaintiff shall respond to this order in writing, indicating plaintiff’s choice. I. Screening…