Holestine

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ERNEST KELLY HOLESTINE Case No.: 3:20-cv-0159-LAB-JLB

CDCR #J-01366,

ORDER GRANTING DEFENDANTS’

Plaintiff, MOTION TO DISMISS vs. 14 [ECF No. 34]

P. COVELLO; D. PARAMO;

F. ARMENTA; C. COVEL;

P. BRACAMONTE; LT. SMITH;

A. GONZALEZ; R. HERRERA;

C. TAYLOR; F. CAMACHO;

N. UHDE; C/O SALAS; M. GONZALEZ,

20 Defendants. 21 Ernest Kelly Holestine, (“Plaintiff”), currently incarcerated at Salinas Valley State Prison (“SVSP”) located in Soledad, California is proceeding pro se and in forma pauperis (“IFP”) in this civil rights action pursuant to 42 U.S.C. Section 1983. On December 21, 2020, Plaintiff filed his First Amended Complaint (“FAC”). (See ECF No. 35, FAC.) Plaintiff alleges that Defendants, officials from the Richard J. Donovan Correctional Facility (“RJD”), violated his constitutional rights and he also brings state law claims against these same Defendants. (See generally FAC.) Currently before the Court is Defendants…