Kelley

(PC) Davis v. Kelley

Good Law
United States District Court, Eastern District of CaliforniaOctober 11, 20232:22-cv-00773California3,837 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DAVIS, No. 2:22-cv-0773 DB P Plaintiff, v. ORDER K. KELLEY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that he has received inadequate medical care in violation of his rights. Presently before the court is the fourth amended complaint for screening along with plaintiff’s motion seeking relief for failing to timely file his amended complaint. (ECF Nos. 26, 27.) For the reasons set forth below, the court will grant the motion for relief, deem the complaint timely filed, and give plaintiff the option to proceed with the complaint as screened or file an amended complaint. MOTION SEEKING RELIEF FROM UNTIMELY FILING By order dated March 27, 2023, the undersigned screened the third amended complaint, determined it stated a potentially cognizable deliberate indifference claim against defendant…

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