Hayes

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HENRY C. HAYES, Case No. 19-cv-05216-WHO (PR) aka HENRY M. MITCHELL, JR., 8 Plaintiff, ORDER DISMISSING COMPLAINT 9 WITH LEAVE TO AMEND v. 10 RALPH DIAZ, et al., 11 Dkt. Nos. 2 and 5 Defendants.

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13 INTRODUCTION 14 Plaintiff Henry C. Hayes, aka Henry M. Mitchell, Jr., alleges that staff at Pelican 15 Bay State Prison violated his First Amendment right to receive and possess mail. The 16 complaint containing these allegations does not attach liability to any named defendant, 17 with one possible exception. Accordingly, the complaint is DISMISSED with leave to file 18 an amended complaint on or before December 16, 2019. 19 DISCUSSION 20 A. Standard of Review 21 A federal court must conduct a preliminary screening in any case in which a 22 prisoner seeks redress from a governmental entity or officer or employee of a 23 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the…