1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JULIUS C. JACKSON, No. 2:24-cv-2556 CKD P 12 Plaintiff, 13 v. ORDER 14 ROB ST. ANDRE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to

1983. The court is required to screen complaints brought by prisoners seeking relief against a 19 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 20 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 21 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 22 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 23 Plaintiff’s amended complaint (ECF No. 10) is before the court for screening. 24 The court finds that plaintiff may proceed on claim 1 in his amended complaint in which 25 he alleges violations of the Eighth Amendment by defendants Martinez and Valdez. Claims 2 26 and 3 are not actionable. Plaintiff has two options: (1) proceed on claim 1 and voluntarily 27 dismiss claims 2 and 3; or (2) seek leave to file a second amended complaint in an attempt to cure 28 the deficiencies with respect to claims 2 and 3. ] If plaintiff wishes to file a second amended complaint, plaintiff is informed as follows: 2 1. Under the Eighth Amendment, prison officials have a duty to protect prisoners from 3 | harmful conditions of confinement. See Farmer v. Brennan,

(1994). A prison 4 || official may be held liable for subjecting an inmate to harmful conditions of confinement if an 5 || inmate suffers a sufficiently serious injury, and the prison official was deliberately indifferent to 6 || the risk of harm.

. The relevant inquiry is whether prison officials, “acting with 7 || deliberate indifference, exposed a prisoner to a sufficiently substantial risk of serious damage to 8 | his future health.”

(internal quotation omitted). With respect to claim 2, unlike his 9 || allegations in claim 1, plaintiff fails to point to facts suggesting that the named defendants were at 10 || least deliberately indifferent to specific information that plaintiff might be attacked. 11 2. In claim 3, plaintiff complains about medical care. Denial or delay of medical care can 12 || violate the Eighth Amendment. Estelle v. Gamble,

(1976). A violation 13 || occurs when a prison official causes injury as a result of his or her deliberate indifference to a 14 || prisoner’s serious medical needs.

In claim 3, plaintiff fails to any assert any actionable injury 15 || caused by any defendant’s conduct. 16 Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to 17 | make plaintiff's amended complaint complete. Local Rule 220 requires that an amended 18 || complaint be complete in itself without reference to any prior pleading. 19 In accordance with the above, IT IS HEREBY ORDERED that plaintiff is granted 30 days 20 || within which to complete and return the attached form notifying the court whether he wants to 21 || proceed on claim 1 in his amended complaint and voluntarily dismiss claims 2 and 3 or whether 22 || plaintiff wishes to file an amended complaint in an attempt to cure the deficiencies. If plaintiff 23 || does not return the form, this action will proceed on claim 1 and the court will recommend that 24 || the other claims be dismissed. 25 | Dated: February 28, 2025 □□ I / dle ae 26 CAROLYNK. DELANEY 27 UNITED STATES MAGISTRATE JUDGE 3g I/jack2556.option

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6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JULIUS C. JACKSON, No. 2:24-cv-2556 CKD P 11 Plaintiff, 12 v. PLAINTIFF’S NOTICE OF 13 ROB ST. ANDRE, et al., HOW TO PROCEED 14 Defendants. 15

16 Check one: 17

18 _____ Plaintiff wants to proceed immediately on claim 1 in his amended complaint and 19 voluntarily dismiss claims 2 and 3 OR 20

21 _____ Plaintiff wants time to file a second amended complaint. 22 DATED: 23

________________________________ 24 Plaintiff 25

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