(PC) Parker v. N. West

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN A. PARKER, No. 2:22-cv-2015 KJN P Plaintiff, v. ORDER WARDEN JEFF LYNCH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983. On December 21, 2022, plaintiff filed a motion for preliminary injunction and temporary restraining order. Due to the pleading deficiencies identified below, plaintiff’s motion is denied without prejudice. I. Background On November 30, 2022, the undersigned screened plaintiff’s complaint, found plaintiff’s first claim stated a potentially cognizable Eighth Amendment claim against defendant West, and dismissed plaintiff’s second claim with leave to amend. Plaintiff was granted thirty days in

25 In his first claim, plaintiff alleged that on October 31, 2019, defendant West, an officer at California State Prison, Sacramento (“CSP-SAC”), hired inmate Durrell Puckett to murder 26 plaintiff, assisting Puckett by removing his…