CDCR
(PC) Millare v. CDCR
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MORIANO MILLARE, No. 2: 22-cv-1862 DJC KJN P Plaintiff, v. ORDER CDCR, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s third amended complaint. (ECF No. 11.) For the reasons stated herein, plaintiff is granted thirty days to file a fourth amended complaint. If plaintiff does not file a fourth amended complaint, the undersigned will order defendants Reynolds, Woods and Chavarria to file a response to the potentially colorable Eighth Amendment claim raised in the third amended complaint. Background On October 19, 2022, defendants removed this action from the San Joaquin County Superior Court. (ECF No. 1.) On November 7, 2022, defendants requested that the court screen plaintiff’s second amended complaint. (ECF No. 4.) //// On April 3, 2023, the undersigned…