Allen

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

CDCR #D-76353,

ORDER DISMISSING SECOND

Plaintiff, AMENDED COMPLAINT WITH vs. PREJUDICE FOR FAILING TO

STATE A CLAIM PURSUANT TO

RALPH DIAZ, et al., 28 U.S.C. §§ 1915(e)(2) & 1915A(b) Defendants. 16 17 On April 6, 2021, Plaintiff Charles Edward Allen, a state prisoner incarcerated at Calipatria State Prison (“Calipatria”), proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff alleged he was denied his First Amendment right to a religious diet and his Eighth Amendment right to an adequately nutritious diet for three weeks, and named as Defendants Calipatria Warden Montgomery, former California Department of Corrections and Rehabilitation (“CDCR”) Secretary Diaz, Calipatria Food Manager Martinez, Calipatria Supervising Cook Travis, and Calipatria Food Supervisor J. Lyon. (Id. at 5-16.) On…