Secretary

BACKGROUND

23 This case has a rather lengthy procedural history given Plaintiff’s repeated failure to file a 24 second amended complaint or notify the Court of his intent to proceed on one of the claims found 25 to be cognizable in the Court’s February 1, 2023, second screening order. 26 To recap, on February 1, 2023, the Court screened Plaintiff’s first amended complaint, 27 found that Plaintiff stated the following three claims under the Eighth Amendment claim for deliberate 28 indifference to his safety against: (1) Defendants Castillo, Juarez, Guitron, Trejo, and John Doe (building 5 floor officer) for the incident on November 5, 2020; (2) Defendant Morrell for the incidents between November 10, 2020 and November 23, 2020; and (3) Defendant Carrillo for the incident on February 10, 2021. Plaintiff also states a cognizable retaliation claim against Defendant Carrillo. However, only the deliberate indifference and retaliation claims against Defendant Carrillo are related. (ECF No. 24, at 15.) Plaintiff was granted leave to file a second amended complaint or notify the Court of intent to proceed only on one of the cognizable claims. (Id. at 16-17.) …