Covello

(PC) Hernandez v. Covello

Good Law
United States District Court, Eastern District of CaliforniaJanuary 13, 20232:21-cv-01948California3,991 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRES C. HERNANDEZ, No. 2:21-cv-01948 DB P Plaintiff, v. ORDER PATRICK COVELLO, et al., Defendants. 16 Plaintiff, an inmate proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff 17 claims defendants were deliberately indifferent to the risks presented by the COVID-19 pandemic 18 in violation of plaintiff’s Eighth Amendment rights. Plaintiff also brings a state law claim against 19 defendants for negligence. Presently before the court is plaintiff’s First Amended Complaint 20 (“FAC”) for screening. (ECF No. 11.) 21 For the reasons set forth below, plaintiff will be directed to provide notice of how he 22 wishes to proceed.

SCREENING

I. Legal Standards

25 The court is required to screen complaints brought by prisoners seeking relief against a 26 governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 27 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims…

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