Melendrez

(PC) Palmer v. Melendrez

Good Law
United States District Court, Eastern District of CaliforniaFebruary 16, 20241:22-cv-00800California370 words

Opinion

Trial Court Opinion

I. INTRODUCTION

20 On February 1, 2024, the Court issued its Second Screening Order. (Doc. 12.) The Court 21 found Plaintiff’s first amended complaint plausibly alleges a First Amendment violation of his 22 right to send and receive mail (Claim Two) against Defendant Melendrez but failed to allege any 23 other cognizable claim against any other defendant. (Id. at 3-6.) Plaintiff was ordered to select 24 one of the following three options within 21 days of the date of service of the order: (1) to notify 25 the Court in writing that he did not wish to file a second amended complaint and was willing to 26 proceed only on the First Amendment claim (Claim Two) against Defendant Melendrez, with the 27 remaining claims to be dismissed; or (2) to file a second amended complaint curing the dismissal. (/d. at 7-8.) On February 15, 2024, Plaintiff filed a notice indicating he was willing to proceed only on 3 the claim found cognizable by the Court. (Doc. 13.) I. CONCLUSION AND RECOMMENDATIONS For the reasons set forth in the Court’s Second Screening Order, the Court RECOMMENDS that: 1. This action PROCEED only on…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.