Hamilton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 DANNY HAMILTON, Case No.: 21cv2032-CAB-AHB

CC22MX910/CDCR #T61263,

ORDER GRANTING IN PART AND

Plaintiff, DENYING IN PART DEFENDANT vs. MOHAMED’S MOTION TO

DISMISS PLAINTIFF’S FIRST

AMENDED COMPLAINT [Doc. No. KATHLEEN ALLISON, Secretary of the 43] 14 California Department of Corrections and Rehabilitation, et al., Defendants. 17 Plaintiff Danny L. Hamilton (“Plaintiff”), a state prisoner formerly 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. Plaintiff claims his federal procedural due process rights were 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 was housed in a cell with an inmate who tested positive for the virus at the…