1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL CASTRELLON, No. 2:24-cv-01622 SCR P 12 Plaintiff, 13 v. ORDER 14 JEFF LYNCH, et al., 15 Defendants. 16 17 Plaintiff is a state inmate proceeding pro se and in forma pauperis with a civil rights action 18 under

. On June 10, 2025, the undersigned screened plaintiff’s complaint and 19 found it stated Eighth Amendment failure to protect claims against defendants Tsvetkov and 20 Waldron, an Eighth Amendment medical indifference claim against defendant John Doe No. 2, 21 and an Eighth Amendment excessive force claim against defendants John Does No. 1 and 3, but 22 no other cognizable claims. (ECF No. 12.) Plaintiff was given the option to proceed on his 23 cognizable claims or to file an amended complaint. (Id. at 13.) 24 On July 21, 2025, plaintiff submitted a notice of election with both options checked. 25 (ECF No. 15.) Plaintiff is advised that he cannot both move forward on cognizable claims and 26 amend his complaint. This is because, as a general rule, an amended complaint supersedes any 27 prior complaints. Loux v. Rhay,

(9th Cir. 1967) (citations omitted). 28 ///// ] Accordingly, IT IS HEREBY ORDERED that within 21 days of the date of service of this 2 || order, plaintiff shall submit the attached “Second Notice of Election” and clarify whether he 3 || intends to move forward on his claims as screened or file an amended complaint. If plaintiff 4 || elects to amend, the undersigned will set a deadline to file the amended complaint by separate 5 || order. 6 | DATED: August 1, 2025 . mk 8 9 SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL CASTRELLON, No. 2:24-cv-01622 SCR P 12 Plaintiff, 13 v. SECOND NOTICE OF ELECTION 14 JEFF LYNCH, et al., 15 Defendants. 16 17 Check one: 18 _____ Plaintiff wants to proceed immediately on his Eighth Amendment failure to protect claim 19 against defendants Tsvetkov and Waldron, Eighth Amendment medical indifference claim 20 against defendant John Doe No. 2, and Eighth Amendment excessive force claim against 21 defendants John Does No. 1 and 3, without amending the complaint. Plaintiff understands 22 that by choosing this option, the remaining defendants and claims will be voluntarily 23 dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a). 24 25 _____ Plaintiff wants time to file an amended complaint. 26 27 DATED:_______________________ Michael Castrellon, Plaintiff Pro Se 28