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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CALVESTER STEWART, Case No. 22-cv-01089-JSC

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. PARTIAL MOTION TO DISMISS

JIM ROBERTSON, et al., Re: Dkt. No. 19 Defendants.

12 INTRODUCTION Plaintiff, a California prisoner proceeding without representation by a lawyer, filed this civil rights action under 42 U.S.C. § 1983 against Jim Robertson, the Warden for Pelican Bay State Prison (“PBSP”), and Kathleen Allison, the Secretary for the California Department of Corrections and Rehabilitation (“CDCR”). Plaintiff alleged that Defendants violated his Eighth Amendment right to the basic necessities of life in eight different ways, and that Defendants violated his Fourteenth Amendment right to equal protection. United States Magistrate Judge Hixson found the Complaint, when liberally construed, stated cognizable claims for relief under the Eighth and Fourteenth Amendments. Defendants declined to proceed…