Hill

(PC) Garner v. Hill

Good Law
United States District Court, Eastern District of CaliforniaNovember 29, 20232:23-cv-00494California951 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS ANDRE GARNER, Case No. 2:23-cv-00494-WBS-JDP (PC) Plaintiff, SCREENING ORDER FINDING THAT

THE FIRST AMENDED COMPLAINT

v. FAILS TO STATE A COGNIZABLE

CLAIM AND GRANTING ONE FINAL

RICK HILL, et al., OPPORTUNITY TO AMEND Defendant ECF No. 14 16 17 18 19 20 Plaintiff, a state prisoner proceeding pro se, brings this case against Warden Hill and three “Doe” defendants, alleging that all of them violated his Eighth Amendment rights by failing to take adequate precautions to protect him from the Covid-19 virus. ECF No. 14. This is plaintiff’s second complaint; I found that the first failed to state a claim because it did not make specific allegations that, taken as true, demonstrated any defendant’s deliberate indifference. ECF No. 9 at 3-4. The current complaint suffers from the same deficiency. I will give plaintiff one final opportunity to amend before recommend this action be dismissed for failure…

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