(PC) Hernandez v. California Department of Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 PABLO HERNANDEZ, No. 2:20-cv-0739 DB P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 14 Defendants.

16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. §1983. Plaintiff claims defendant failed to protect him in violation of his Eighth Amendment rights. Presently before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 2), motion to appoint counsel (ECF No. 5), and his complaint for screening (ECF No. 1). For the reasons set forth below, the court will grant the motion to proceed in forma pauperis, deny the motion to appoint counsel, and dismiss the complaint with leave to amend. IN FORMA PAUPERIS Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). (ECF No. 2.) Accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is required to pay the…