Hernandez
(PC) Hammler v. Hernandez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No.: 1:19-cv-00616-SKO (PC)
Plaintiff, ORDER REQUIRING PLAINTIFF TO
FILE A FIRST AMENDED COMPLAINT
v. OR NOTIFY THE COURT OF HIS
DESIRE TO PROCEED ONLY ON CLAIM
J. HERNANDEZ, FOUND COGNIZABLE
Defendant. (Doc. 1)
21-DAY DEADLINE
17 Plaintiff Allen Hammler alleges that the defendant violated his free exercise and due process rights, subjected him to cruel and unusual punishment, and retaliated against him in violation of the First, Eighth, and Fourteenth Amendments. (Doc. 1.) The Court finds that Plaintiff states a viable free exercise claim; however, his remaining claims are not cognizable. Accordingly, the Court ORDERS Plaintiff to either file a first amended complaint curing the deficiencies identified in this order OR, in the alternative, notify the Court that he wishes to proceed only his free exercise claim and to dismiss all remaining…