Welch
(PC) Hernandez v. Welch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LEONEL HERNANDEZ, Case No.: 1:23-cv-01563-JLT-SKO Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS CERTAIN CLAIMS
v. 14-DAY OBJECTION PERIOD J. WELCH, Defendant. 16 Plaintiff Leonel Hernandez is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. I. BACKGROUND Plaintiff filed his complaint on November 6, 2023. (Doc. 1.) On February 21, 2024, the Court issued its First Screening Order. (Doc. 8.) The Court found Plaintiff plausibly alleged an Eighth Amendment threat to safety claim against Defendant Welch but failed to allege any other cognizable claim. (Id. at 4-9.) Plaintiff was ordered to do one of the following within 21 days of the date of service of the order: (1) notify the Court he did not wish to file a first amended complaint and was willing to proceed only on his cognizable claim against Defendant Welch; or (2) file a first amended complaint; or (3) file a notice of…