Ellis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL EUZELLE JACQUES, No. 2:23-cv-00080-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ELLIS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in this action brought under 42 U.S.C. § 1983. On August 18, 2023, the court found that plaintiff’s first amended complaint had stated potentially cognizable claims against defendants Ellis and Lomas for violation of the First Amendment and against defendant Hurd for violation of the Fourth Amendment. ECF No. 17. The court dismissed all other claims with leave to file an amended complaint within 30 days. Id. The court directed plaintiff to return, within 30 days, a notice informing the court of whether he wished to proceed on the potentially cognizable claims in the first amended complaint or to delay serving any defendant and file a second amended complaint. Id. The time for returning the notice and/or filing a…