Ajaelo

I. BACKGROUND

21 On November 9, 2020, Plaintiff Jideofor Ajaelo, a state prisoner proceeding pro se 22 and in forma pauperis, filed a Complaint against Defendant J. Carrillo pursuant to 42 23 U.S.C. § 1983. (ECF No. 1). The Complaint alleges that Plaintiff is a “non-affiliate,” 24 meaning Plaintiff does not “affiliate with any gangs.” (Id. at 3). The Complaint alleges that 25 on April 22, 2019, Defendant told Plaintiff he “was being housed with a new cellmate”— 26 a Crip gang member. (Id.). The Complaint alleges that Plaintiff told Defendant that he is a 27 non-affiliate and “incompatible” with the new cellmate. (Id.). The Complaint alleges that 28 Defendant responded, “You guys are both Black and [] nonaffiliate means you can cell up with any gang member.” (Id.). The Complaint alleges that Defendant “engaged in discrimination . . . when he initiated [the] housing move without any regard for [Plaintiff’s] safety or security” and “automatically assumed that because [Plaintiff] was Black that [he] would be compatible to house with another inmate who is black and who is a member of a gang.” (Id.). The Complaint alleges that on April 24, 2019,…