Aruayo

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8 UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 DENZELL MAGIC METCALF, Case No. 1:23-cv-01069-EPG (PC)

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13 v. ORDER

AMENDING CASE CAPTION

14 JOSE AGUAZO, et al., 15 Defendants. 16 17 Plaintiff Denzell Magic Metcalf is a state prisoner proceeding pro se in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action by filing a complaint 19 on July 18, 2023 (ECF No. 1), followed by filing a First Amended Complaint on September 14, 20 2023 (ECF No. 8). While Plaintiff made allegations against Carlos Rodriguez in his original 21 complaint (ECF No. 1), Plaintiff’s First Amended Complaint did not name Rodriguez as a 22 defendant (ECF No. 8). Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012). 23 The Court screened Plaintiff’s First Amended Complaint and found that Plaintiff’s 24 Eighth Amendment excessive force claims against defendants Jose Aguazo, Taiban, and Albirt 25 or Albert Gibbons, as well as Plaintiff’s Eighth Amendment deliberate indifference to serious 26 medical needs…