Covello
(PC) Hicks v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARYL HICKS, No. 2:22-cv-0903 KJN P Plaintiff, v. ORDER PATRICK COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and is proceeding in forma pauperis. Plaintiff’s second amended complaint is before the court. As discussed below, plaintiff is granted the option of pursuing his Eighth Amendment claims against defendants Powell and Dr. Pleshchuk, or plaintiff may elect to amend again and delay service of process on any defendant. Screening The undersigned screened plaintiff’s second amended complaint and determined that plaintiff states potentially cognizable Eighth Amendment claims against defendants Powell and Dr Pleshchuk. Plaintiff may proceed forthwith to serve defendants Powell and Dr. Pleshchuk and pursue Eighth Amendment claims against them or may delay serving any defendant and attempt to state…