Potts
(PC) Hernandez v. Potts
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY CESAR HERNANDEZ, No. 2:20-cv-1912 WBS CKD P Plaintiff, v. ORDER T. POTTS, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On December 16, 2020, the court recommended that plaintiff’s amended complaint be dismissed and this case be closed. Plaintiff objects to the court’s recommendation. In part, he seeks leave to file a second amended complaint. Good cause appearing, the court will vacate the December 16, 2020 findings and recommendations. Plaintiff’s amended complaint will be dismissed, but plaintiff will be granted leave to file a second amended complaint. In drafting his second amended complaint, plaintiff should refer to the court’s October 13, 2020 order and the December 16, 2020 findings and recommendations. In addition, plaintiff is informed as follows: 1. Prison officials generally cannot retaliate…