Songs

I. BACKGROUND

22 This action proceeds on plaintiff’s amended complaint, filed on September 17, 23 2018 (ECF No. 22). Plaintiff names the following as defendants: (1) Songs; (2) Given; and 24 (3) Lizarraga, the warden at Mule Creek State Prison. Plaintiff alleges that defendants Songs and 25 Given violated his First Amendment right to access courts by destroying his legal mail. Specifically,

Defendant Lizarraga is erroneously sued as “Soelizarra.” Service of process directed to the remaining defendants, Songs and Given, was returned unexecuted. See ECF No. 27. Plaintiff contends defendants Songs and Given destroyed mail from Plaintiff’s appellate counsel containing a notice and decision from the California Court of Appeal related to Plaintiff’s action for post-conviction relief. This notice and decision outlined the 30-day statute of limitations period for Plaintiff to file a petition for review with the California Supreme Court. The destruction of this legal mail resulted in the statute of limitations running and thus denied Plaintiff full review and exhaustion of his state court post-conviction remedies. Plaintiff further alleges…