Lomack
Lomack v. Beam
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KENNETH LOMACK, Case No. 19-cv-02943-EMC
Plaintiff,
SERVICE ORDER
v. Docket No. 1 E. BEAM, et al., Defendants.
12 On September 20, 2019, the Court reviewed the complaint in this action and determined that, liberally construed, the complaint stated a cognizable claim against C/O Smith, C/O Waterman, and correctional sergeant Beam for deliberate indifference to plaintiff’s safety. Docket No. 10 at 2. The Court also determined that the complaint did not state a claim against psychologist Salvidav, C/O Seveda, C/O Lucio, and C/O Gutierrez, and granted Plaintiff leave to file an amended complaint no later than October 31, 2019 to try to state a claim against these Defendants. Id. at 2-3. The Court also explained that “[f]ailure to file the amended complaint by the deadline will result in the dismissal of defendants against whom a claim is not stated.” Id. at 4. Plaintiff did not file an amended complaint and the deadline by which to do so has…