(PC)Lopez

(PC)Lopez v. CDC Director

Good Law
United States District Court, Eastern District of CaliforniaApril 1, 20252:21-cv-02094California5,310 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL LOPEZ, No. 2:21-cv-2094 DAD AC P Plaintiff, v. ORDER CDC DIRECTOR, et al., Defendants. 16 Plaintiff is a state inmate who filed this civil rights action pursuant to 42 U.S.C. § 1983 without a lawyer. Plaintiff filed a request for leave to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a)(1), and that motion was previously granted. See ECF No. 6. The court screened the original complaint and found that plaintiff had stated an Eighth Amendment claim against defendant Barrier challenging his conditions of confinement, but plaintiff did not state any First Amendment claims against defendant Barrier or any claims against defendants Perry, Crother, or the CDCR. ECF No. 6 at 6-7. Plaintiff was given the option of amending the complaint or proceeding immediately on his cognizable Eighth Amendment claim against defendant Barrier. Id. at 7-9. Plaintiff chose to amend the complaint. ECF No. 9. …

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