Welch

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEONEL HERNANDEZ, Case No.: 1:23-cv-01563-JLT-SKO 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CERTAIN CLAIMS

13 v. 14-DAY OBJECTION PERIOD 14 J. WELCH, 15 Defendant. 16 17 Plaintiff Leonel Hernandez is proceeding pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. 19 I. BACKGROUND 20 Plaintiff filed his complaint on November 6, 2023. (Doc. 1.) On February 21, 2024, the 21 Court issued its First Screening Order. (Doc. 8.) The Court found Plaintiff plausibly alleged an 22 Eighth Amendment threat to safety claim against Defendant Welch but failed to allege any other 23 cognizable claim. (Id. at 4-9.) Plaintiff was ordered to do one of the following within 21 days of 24 the date of service of the order: (1) notify the Court he did not wish to file a first amended 25 complaint and was willing to proceed only on his cognizable claim against Defendant Welch; or 26 (2) file a first amended complaint; or (3) file a notice of…