Covello
(PC) Hernandez v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRES C. HERNANDEZ, No. 2:21-cv-1948 DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
PATRICK COVELLO, et al., Defendants. 16 Plaintiff filed this action as a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 and 2.) Since filing this action plaintiff is no longer incarcerated. (ECF Nos. 7, 18, 26, 29.) Plaintiff claims prison officials failed to provide him with safe living conditions in violation of the Eighth Amendment. (ECF No. 11.) Presently before the court is defendant’s fully briefed motion to dismiss. For the reasons set forth below the court will recommend that the motion to dismiss be denied. BACKGROUND I. Relevant Procedural History Plaintiff initiated this action by filing the original complaint on October 20, 2021. (ECF No. 1.) The court screened and dismissed the original…