Herrera

Herrera v. Ortega

Good Law
United States District Court, Northern District of CaliforniaSeptember 23, 20215:20-cv-02035California3,135 words

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 OF SERVICE; DIRECTING DEFENDANTS TO FILE

DISPOSITIVE MOTION OR

J. ORTEGA, et al., NOTICE REGARDING SUCH

MOTION; INSTRUCTIONS TO

Defendants. CLERK

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 original 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, which was also dismissed with leave…

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