Tate

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DEREK TATE,

Case No. 20-09476 EJD (PR) Plaintiff, ORDER STRIKING NON-

COGNIZABLE CLAIMS; OF

v. SERVICE; DIRECTING

DEFENDANT TO FILE

DISPOSITIVE MOTION OR

D. DELGADILLO, et al., NOTICE REGARDING SUCH

MOTION; INSTRUCTIONS TO Defendants. CLERK

18 Plaintiff, a state prisoner, filed the instant pro se civil rights action pursuant to 42 19 U.S.C. § 1983 against a correctional officer at Salinas Valley State Prison (“SVSP”) and 20 two inmates. Dkt. No. 1 at 2. The Court dismissed the complaint with leave to amend for 21 Plaintiff to attempt to correct deficiencies with respect to an equal protection claim. Dkt. 22 No. 9 at 3-4. The claims against the two inmates were dismissed. Id. at 4. In the 23 alternative, Plaintiff was advised that he could file notice that he wishes to proceed on the 24 cognizable First Amendment and Eighth Amendment…