Youngblood

BACKGROUND

21 Plaintiff Norris, a former state prisoner,2 is proceeding pro se on his initial civil rights 22 complaint under 42 U.S.C. § 1983 alleging that the conditions of his confinement amounted to 23 cruel and unusual punishment under the Eighth Amendment. (Doc. No. 1, “Complaint”). On 24 July 20, 2022, the undersigned screened Plaintiff’s Complaint and found that it failed to state any 25 cognizable claim. (Doc. No. 20). Plaintiff was given three options to exercise within twenty-one 26 27 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Cal. 2022). (21) days from July 20, 2022: (1) file a First Amended Complaint (“FAC”); (2) file a notice that he intends to stand on his initial complaint subject to the undersigned recommending the district court dismiss for reasons stated in the July 20, 2022 Screening Order; or (3) file a notice to voluntarily dismiss this action, without prejudice, under Federal Rule of Civil Procedure 41(a)(1) because no defendant had yet been served. (Id. at 7-8, ¶ 1). The Court expressly warned Plaintiff that if he “fails to timely comply with this Court Order or seek…