Duarte

Duarte v. VA Hospital

Good Law
United States District Court, Eastern District of CaliforniaApril 3, 20241:23-cv-00493California3,491 words

Opinion

trial_court Opinion

I. INTRODUCTION

18 A. Background 19 Plaintiff Frances G. Duarte, proceeding pro se and in forma pauperis, filed a complaint on 20 April 3, 2023. (Doc. 1). The Court screened Plaintiff’s complaint and concluded that it failed to 21 state a cognizable claim. (Doc. 5). The Court advised Plaintiff that she had three options for how 22 to proceed: Plaintiff could file (1) an amended complaint, which would be screened in due course; 23 (2) a statement that she wishes to stand on the initial complaint and have it reviewed by the 24 presiding district judge, in which case the Court would issue findings and recommendations to the 25 district judge consistent with its screening order; or (3) a notice of voluntary dismissal. (See id. at 26 1.) Plaintiff filed two documents in response to the Court’s screening order. (Docs. 6–7.) One 27 document indicated she wished to pursue the first option of filing a first amended complaint (Doc. 28 1 6), while the other indicated she wished to pursue the second option of standing on her initial 2 complaint (Doc. 7). The Court issued a minute order (Doc. 8), ordering Plaintiff to clarify 3 whether she intended to file an amended complaint…

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