Serna

BACKGROUND

25 On June 6, 2022, Serna, currently incarcerated at R.J. Donovan Correctional Facility 26 (“RJD”) and proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 27 naming Raymond Madden, Warden of RJD, and Correctional Officers Lopez, Franz, and 28 civil filing fee required by 28 U.S.C. § 1914(a); instead, he filed a Motion to Proceed in Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). See ECF No. 2 (“IFP Mot.”). He also moved to appoint counsel. See ECF No. 3 (“1st Counsel Mot.”). On August 12, 2022, the Court granted Serna’s IFP Motion, dismissed his claims against Defendant Madden for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b), and denied without prejudice his First Counsel Motion. See ECF No. 6. In denying the First Counsel Motion, the Court noted that “nothing in Serna’s Complaint suggests he is incapable of articulating the factual basis for his Eighth Amendment claims, which appear ‘relatively straightforward’”; indeed, the Court “found, based on its initial screening of Serna’s Complaint . . . , that he has stated a plausible claim for relief.” Id. at 8…