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 IN PART AND

Plaintiff, DENYING IN PART MOTION TO vs. ALTER OR AMEND 14 [ECF No. 53]

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, Defendants. 20 21 I. Procedural History 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 alleged that Defendants, officials from the Richard J. Donovan Correctional 28 Facility (“RJD”), violated his constitutional rights and he also brings state law claims against these same…