Herrera
Herrera v. Ortega
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
JOSHUA S. HERRERA,
Case No. 20-02035 BLF (PR) Plaintiff, ORDER OF PARTIAL DISMISSAL v. AND WITH LEAVE TO AMEND 13 J. ORTEGA, et al., Defendants.
17 Plaintiff, a state prisoner at the Salinas Valley State Prison (“SVSP”), filed the instant pro se civil rights action pursuant to 42 U.S.C. § 1983 against prison staff at SVSP as well as an appeals examiner at the Office of Appeals. Dkt. No. 1. The Court dismissed the complaint with leave to amend for Plaintiff to attempt to allege sufficient facts to state a cognizable First Amendment retaliation claim, and all other claims were dismissed for failure to state a cognizable claim. Dkt. No. 10. Plaintiff filed an amended complaint. Dkt. No. 13. /// /// 27 DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks…