Green

(PC) Hernandez v. Green

Good Law
United States District Court, Eastern District of CaliforniaApril 16, 20212:20-cv-02374California823 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY C. HERNANDEZ, No. 2:20-cv-2374-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GREEN, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought under 42 U.S.C. § 1983. On January 28, 2021, the court screened plaintiff’s first amended complaint (ECF No. 10) and identified the following viable claims: (a) an Eighth Amendment excessive force claim against defendant Troung; (b) an Eighth Amendment deliberate indifference to safety claim against defendants Troung and Duneas; and (c) a First Amendment retaliation claim against defendants Green, Moreland, and Raya. ECF No. 11 at 1-2. The court dismissed all other claims with leave to amend, informing plaintiff that his due process and equal protection claims could not survive screening. Id. at 3. Rather than proceeding with the claims identified by the court as viable, plaintiff filed a second amended…

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