Marcelo

(PC) Hernandez v. Marcelo

Good Law
United States District Court, Eastern District of CaliforniaMarch 2, 20201:19-cv-01219California3,536 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARINO HERNANDEZ ANTONIO, Case No. 1:19-cv-01219-JLT (PC)

Plaintiff, ORDER DIRECTING PLAINTIFF TO

FILE A FIRST AMENDED COMPLAINT

v. OR NOTIFY THE COURT OF HIS

DESIRE TO PROCEED ONLY ON

J. MARCELO, et al., CLAIMS FOUND COGNIZABLE

Defendants. (Doc. 1)

21-DAY DEADLINE

Plaintiff alleges the defendants subjected him to cruel and unusual punishment, retaliation, and violations of the Americans with Disabilities Act and the Rehabilitation Act. (Doc. 1.) The Court finds that Plaintiff states cognizable claims against J. Marcelo and N. Akabike, but not against C. Cryer, C. Mbadugha, and D. Oberst. Accordingly, the Court orders Plaintiff to file a first amended complaint curing the deficiencies identified in this order or notify the Court that he wishes to proceed only on his claims against Marcelo and Akabike and to dismiss Cryer, Mbadugha, and Oberst as defendants. I. SCREENING…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.