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, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

13 v. CERTAIN CLAIMS

14 J. WELCH, (Doc. 10) 15 Defendant. 16 17 Leonel Hernandez seeks to hold J. Welch, a correctional sergeant at Kern Valley State 18 Prison, liable for violations of his civil rights violations pursuant to 42 U.S.C. § 1983. The 19 magistrate judge screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A(a) and found he 20 states a cognizable claim against Defendant Welch for a threat to safety in violation of his rights 21 arising under the Eighth Amendment. However, the magistrate judge determined Plaintiff did not 22 state a cognizable claim for a violation of his First Amendment rights or “Damages to [his] 23 Mental Health. (Doc. 8.) The magistrate judge granted Plaintiff the opportunity to cure the 24 pleading deficiencies identified, or to notify the Court of his willingness to proceed…