Welch

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LEONEL HERNANDEZ, Case No.: 1:23-cv-01563 JLT SKO Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. CERTAIN CLAIMS

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