Allen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CHARLES EDWARD ALLEN, Case No.: 21cv0602-LAB (RBM)

CDCR # D-76353

ORDER DISMISSING FIRST

Plaintiff, AMENDED COMPLAINT FOR v. FAILURE TO STATE A CLAIM 14 RALPH DIAZ, et al., 15 Defendants. 16 17 On April 6, 2021, Plaintiff Charles Edward Allen, a state prisoner incarcerated at Calipatria State Prison (“Calipatria”) and proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. (Dkt. No. 1). Allen alleged he was approved for a religious vegan diet but was not provided the diet for three weeks, and he wasn’t fed for those three weeks because no vegan meal option was available. (Id. at 7). He claimed he was denied his First Amendment right to a religious diet and his Eighth Amendment right to an adequately nutritious diet, and named as Defendants Calipatria Warden Montgomery, former California Department of Corrections and Rehabilitation (“CDCR”) Secretary Diaz, Calipatria Food Manager 27 …