(PC) Hill v. Bartos

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA KENNETH HILL, No. 2:20-cv-00221 TLN CKD P 12 Plaintiff, 13 v. ORDER BARTOS, et al., 15 Defendants.

17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. Plaintiff’s amended complaint is before the court for screening under 28 U.S.C. § 1915A(a). The court has conducted the required screening and finds that plaintiff may proceed on the following claims: 21 1. A claim arising under the Equal Protection Clause of the Fourteenth Amendment against defendant Bartos related to the confiscation of plaintiff’s personal property.

23 2. A claim arising under the First Amendment against defendant Bartos for retaliation against plaintiff for protected conduct.

25 3. A claim arising under the Eighth Amendment against defendant Bartos for use of excessive force as described in paragraph 23 of plaintiff’s amended complaint.

27 4. A claim arising under the Eighth Amendment against defendant Murphy for use of excessive force as described in paragraph 43 of plaintiff’s amended complaint.

1 5. A claim arising under the Eighth Amendment against defendants Cottrell, Murphy, | Hooven, Eckernaught and Parrish for use of excessive force as described in paragraph 45 of | plaintiff's amended complaint.

4 6. A claim arising under the First Amendment against defendant Gustafason for | retaliation against plaintiff for protected conduct as described in paragraphs 67 and 68 of | plaintiff's amended complaint.

7 At this point, plaintiff has two options: 1) he may proceed on claims described above; or | 2) make an attempt to cure the deficiencies in his amended complaint with respect to the other | defendants and claims in a second amended complaint. If plaintiff choses to amend, he should | refer to the court’s March 20, 2020 order for guidance.

11 Finally, plaintiff is reminded if he elects to amend that the court cannot refer to a prior | pleading in order to make the second amended complaint complete. Local Rule 220 requires that || an amended complaint be complete in itself without reference to any prior pleading. This is | because, as a general rule, any amended complaint supersedes all other pleadings. See Loux v. | Rhay, 375 F.2d 55, 57 (9th Cir. 1967).

16 In accordance with the above, IT IS HEREBY ORDERED that plaintiff is granted 21 days | within which to complete and return the attached form notifying the court whether he wants to || proceed on the claims described in this order or whether he wishes to file a second amended | complaint in an attempt to cure the deficiencies in his amended complaint. If plaintiff does not | return the form, this action will proceed on the claims described above.

21 | Dated: November 23, 2020 es A dj Kt . Ld { 1.

22 CAROLYN K. DELANEY : 23 UNITED STATES MAGISTRATE JUDGE 26 hill0221.0p 1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA KENNETH HILL, Plaintiff, No. 2:19-cv-2152 TLN CKD P 5 v. BARTOS, et al., Defendants. PLAINTIFF’S NOTICE OF 7 HOW TO PROCEED Check one: _____ Plaintiff wants to proceed immediately on the following claims: 11 1. A claim arising under the Equal Protection Clause of the Fourteenth Amendment against defendant Bartos related to the confiscation of plaintiff’s personal property.

13 2. A claim arising under the First Amendment against defendant Bartos for retaliation against plaintiff for protected conduct.

15 3. A claim arising under the Eighth Amendment against defendant Bartos for use of excessive force as described in paragraph 23 of plaintiff’s amended complaint.

17 4. A claim arising under the Eighth Amendment against defendant Murphy for use of excessive force as described in paragraph 43 of plaintiff’s amended complaint.

19 5. A claim arising under the Eighth Amendment against defendants Cottrell, Murphy, Hooven, Eckernaught and Parrish for use of excessive force as described in paragraph 45 of plaintiff’s amended complaint.

22 6. A claim arising under the First Amendment against defendant Gustafason for retaliation against plaintiff for protected conduct as described in paragraphs 67 and 68 of plaintiff’s amended complaint.

25 OR _____ Plaintiff wants time to file a second amended complaint.

27 DATED: ________________________________ Plaintiff