Hernandez
Hernandez v. Newsom
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JULIAN CARLOS HERNANDEZ, Case No.: 22-CV-1143-RSH-JLB
CDCR #BG-2900,
ORDER GRANTING MOTIONS TO
Plaintiff, PROCEED IN FORMA PAUPERIS vs. AND DISMISSING FIRST
AMENDED COMPLAINT FOR
KATHLEEN ALLISON, et al., FAILING TO STATE A CLAIM Defendants. 16 [ECF Nos. 6, 8] 17 On August 1, 2022, Plaintiff Julian Carlos Hernandez, a state prisoner proceeding pro se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983, accompanied by a Motion to Proceed In Forma Pauperis (“IFP”) and a Motion to Appoint Counsel. ECF Nos. 1–2, 4. In his initial Complaint, Plaintiff claimed he was denied due process during a disciplinary hearing; prohibited from visiting the prison law library in violation of his right of access to the courts; subjected to cruel and unusual punishment through deliberate indifference to pain in his arm and shoulder; and retaliated against. ECF No. 1 at 3–6. On August 29, 2022, the Court…