Aruayo
(PC) Metcalf v. Aruayo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
11 DENZELL MAGIC METCALF, Case No. 1:23-cv-01069-EPG (PC)
Plaintiff,
v. ORDER
AMENDING CASE CAPTION
JOSE AGUAZO, et al., Defendants. 16 Plaintiff Denzell Magic Metcalf is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action by filing a complaint on July 18, 2023 (ECF No. 1), followed by filing a First Amended Complaint on September 14, 2023 (ECF No. 8). While Plaintiff made allegations against Carlos Rodriguez in his original complaint (ECF No. 1), Plaintiff’s First Amended Complaint did not name Rodriguez as a defendant (ECF No. 8). Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012). The Court screened Plaintiff’s First Amended Complaint and found that Plaintiff’s Eighth Amendment excessive force claims against defendants Jose Aguazo, Taiban, and Albirt or Albert Gibbons, as well as Plaintiff’s Eighth Amendment deliberate indifference to serious medical needs…