Brian T. Hill v. Ralph Diaz

I. INTRODUCTION

18 On October 18, 2019, plaintiff Brian T. Hill, who is in custody at the 19 California Men’s Colony (“CMC”), is proceeding pro se, and has been granted leave 20 to proceed without prepayment of the full filing fee (“IFP”), filed a Civil Rights 21 Complaint (“Original Complaint”) pursuant to 42 U.S.C. § 1983 (“Section 1983”), against thirteen employees of the California Department of Corrections and Rehabilitation (“CDCR”), sued in their individual and official capacities, for violation of plaintiff’s First Amendment right to a religious diet. On September 17, 2020, the District Judge screened and dismissed the Original Complaint for violation of Rules 10(a) and 11(a) of the Federal Rules of Civil Procedure and failure to state a viable claim for relief. (Docket No. 16). /// Case 2:19-cv-08989-MWF-JC Document Filed 11/01/ Page 2 of Page ID #:317

On November 18, 2020, plaintiff filed a First Amended Complaint (or “FAC”) asserting essentially the same First Amendment claim against seven CDCR employees, sued solely in their individual capacities. On April 7, 2022, the Magistrate Judge screened and…