Gonzalez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDY GOMEZ, Case No. 1:22-cv-00977-HBK (PC) Plaintiff, ORDER NOTING VOLUNTARY

DISMISSAL UNDER FED. R. CIV. P.

v. 41(a)(1)(A)(i) AND FED. R. CIV. P. 15(a) OF

CERTAIN CLAIMS

GONZALEZ and CHARLES, (Doc. No. 12) Defendants.

16 Plaintiff Andy Gomez, a prisoner, is proceeding pro se and in forma pauperis in this action filed under 42 U.S.C. § 1983. On June 23, 2023, this Court issued a screening order on Plaintiff’s Complaint. As discussed at length in this Court’s June 23, 2023 Screening Order, the Complaint states a cognizable Eighth Amendment failure to protect claim against Defendants Gomez and Charles in their individual capacities but no other claim. (Doc. No. 7 at 4-6). The Screening Order afforded Plaintiff the opportunity to (1) file an amended complaint; (2) file a notice under Rule 41 that he is willing to proceed only on the claims the court found cognizable in its screening order; or (3) stand on…