Allen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CHARLES EDWARD ALLEN, Case No.: 20-CV-685 JLS (NLS)

CDCR #D-76353,

ORDER DISMISSING CIVIL

Plaintiff, ACTION FOR FAILING TO vs. STATE A CLAIM PURSUANT 14 TO 28 U.S.C. §§ 1915(e)(2)(B)(ii)

A. BOOTH, Correctional Officer;

AND 1915A(b)(1) RALPH M. DIAZ, Secretary of the

CDCR; W.L. MONTGOMERY, Warden, (ECF No. 12) Defendants. 18 On April 8, 2020, Plaintiff Charles Edward Allen, incarcerated at Calipatria State Prison (“CAL”) and proceeding pro se, filed a civil rights Complaint (“Compl.,” ECF No. 1) pursuant to 42 U.S.C. § 1983. Plaintiff alleged prison officials violated his First, Eighth, and Fourteenth Amendment rights on August 2, 2019, when Defendant A. Booth, a CAL Correctional Officer, closed a cell door and caused injury to his head and eye. See Compl. at 4, 6‒7. On August 13, 2020, the Court granted Plaintiff’s Motion to Proceed IFP and 26 …