Kirchen-Rolph
(PC) Avalos v. Kirchen-Rolph
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 VINCENT JOHNNY AVALOS, Case No. 1:21-cv-00084-CDB (PC)
Plaintiff,
ORDER ADOPTING IN PART FINDINGS
v. AND RECOMMENDATIONS
Doc. 22 SARA L. KIRCHEN-ROLPH, et al., Defendants.
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Plaintiff Vincent Johnny Avalos (“plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought under 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff commenced this action on January 21, 2021. Doc. 1. Plaintiff filed a first amended complaint on November 2, 2022, Doc. 20 (“FAC”), asserting federal constitutional and state law claims related to blood draws erroneously ordered by the Superior Court in the abstract of judgment for plaintiff’s underlying state conviction. Doc. 20. After screening, on 26 Plaintiff was convicted in 2007 of attempted murder. FAC at 10. Plaintiff provides a copy of 27 …