O'Brien

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KORY T. O’BRIEN, Case No.: 3:19-cv-01113-JAH-MDD

CDCR #AM-1378,

ORDER GRANTING IN PART AND

Plaintiff, DENYING IN PART DEFENDANT'S vs. MOTION TO DISMISS PURSUANT 14 TO Fed. R. Civ. P. 12(b)(6) ALDO GARCIA, et al., 15 Defendants. [ECF No. 14]

18 19 Plaintiff Kory O’Brien, currently incarcerated at Valley State Prison located in Chowchilla, California, and proceeding pro se, filed this civil rights action (“Compl.”) pursuant to 42 U.S.C. § 1983, on June 14, 2019 (ECF No. 1). I. Procedural Background In his original Complaint, Plaintiff claimed various RJD Wardens, a “Plant Ops” Supervisor, and two inmate appeals officials denied him equal protection and exposed him to harmful conditions of confinement in July and August 2017, and then retaliated against him in May 2019 after he continued to complain and file multiple grievances. See Compl., at 1-4, 8, 14. He sought injunctive relief and “damages to be…