Hamilton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DANNY L. HAMILTON, Case No.: 21cv2032-CAB (AHG)

CDCR #T-61263,

Plaintiff, ORDER DISMISSING COMPLAINT vs. WITH LEAVE TO AMEND 14 PURSUANT TO 28 U.S.C. § 1915(e)(2)

15 KATHLEEN ALLISON, Secretary of the California Department of Corrections and Rehabilitation, et al., 17 Defendants. 18 19 Plaintiff Danny L. Hamilton, a state prisoner incarcerated at the Richard J. Donovan Correctional Facility (“RJD”) in San Diego, California, is proceeding pro se in this civil rights action under 42 U.S.C. § 1983. (ECF No. 1.) He claims his federal constitutional rights to be housed under humane conditions of confinement, to be free from cruel and unusual punishment, to substantive and procedural due process, to freedom of personal liberty and to be free from false imprisonment have been violated because he should have been released from custody rather than subjected to the risk of exposure to the Covid virus at RJD, with which he became infected when he…