Hernandez

(PC) Hammler v. Hernandez

Good Law
United States District Court, Eastern District of CaliforniaJanuary 8, 20201:19-cv-00616California3,000 words

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…

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