The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 FABIAN HANCY MICHEL, No. 2:21-cv-2178 WBS KJN P
12 Plaintiff,
13 v. ORDER
14 CONNIE GIPSON, et al.,
15 Defendants.
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17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief
18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20 On October 24, 2022, the undersigned recommended that this action be dismissed without
21 leave to amend because he failed to identify a cognizable due process violation in connection with
22 the December 6, 2020 rules violation report. (ECF No. 25 at 6.) On November 7, 2022, another
23 inmate prepared objections for plaintiff, which are signed by plaintiff, stating that because
24 plaintiff is receiving mental health care services at the EOP1 level of care and has been identified
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1 The Mental Health Services Delivery System Program Guide for the California Department of
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Corrections and Rehabilitation provides four levels of mental health care services: Correctional
27 Clinical Case Management System (“CCCMS”); Enhanced Outpatient (“EOP”); Mental Health
Crisis Bed (“MHCB”) and inpatient hospital care. Coleman v. Brown, 2013 WL 6491529, at *1
28 (E.D. Cal. Dec. 10, 2013).
1 | as developmentally disabled, plaintiff did not understand what the court required in its prior
2 || screening orders. (ECF No. 26.) Plaintiff seeks leave to file a third amended complaint.
3 As noted in the court’s prior screening orders, it is unclear plaintiff can rectify the
4 || pleading defects by amendment. However, in an abundance of caution, plaintiff is granted leave
5 || to submit a third amended complaint. However, in the interim, the findings and recommendations
6 || shall remain pending. If plaintiff fails to file a third amended complaint, the findings and
7 || recommendations will be referred to the district court for review and adoption.
8 Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days from the date
9 || of this order to file a third amended complaint. Failure to file such pleading may result in the
10 || dismissal of this action.
11 | Dated: November 14, 2022
Aectl Aharon
13 KENDALL J. NE
UNITED STATES MAGISTRATE JUDGE
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