Diaz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SALVADOR JIMENEZ, Case No. 1:19-cv-00773-DAD-EPG (PC) Plaintiff, FINDINGS AND RECOMMENDATION THAT

PLAINTIFF’S COMPLAINT BE DISMISSED

v. FOR FAILURE TO STATE A CLAIM

RALPH DIAZ, et al.,

OBJECTIONS, IF ANY, DUE WITHIN

Defendants. DAYS

(ECF Nos. 1 & 8.) 17 18 Plaintiff Salvador Jimenez (“Plaintiff”) is proceeding pro se and in forma pauperis in this 19 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the instant complaint on June 3, 20 2019, along with a motion for temporary restraining order and preliminary injunction. (ECF No. 21 1.) Generally, Plaintiff alleges that Defendants are acting with deliberate indifference to 22 conditions posing a substantial risk of serious harm to Plaintiff by planning to merge Special 23 Needs Yard (“SNY”) (formerly known as a protective custody) inmates with General Population 24 (“GP”) inmates onto a yard known as a “Non-Designated Programming Facility” (“NDPF”) Yard…