Reyes

Reyes v. Arce

Good Law
United States District Court, Northern District of CaliforniaJanuary 23, 20255:24-cv-06654California1,001 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 AUGUSTINE REYES, Case No. 24-cv-06654 BLF (PR) 11 Plaintiff,

ORDER OF DISMISSAL

12 v.

14 CARLOS ARCE, et al., 15 Defendants.

17 Plaintiff, a state prisoner, filed a pro se “pre[e]mptory writ of mandamoir [sic] prohibition pursuant to CCP §§ 1085, 1086, 1103, 1104 & 1095,” and requesting an immediate stay. Dkt. No. 1. Plaintiff’s motion for leave to proceed in forma pauperis will be addressed in a separate order. For the reasons discussed below, the instant action will be dismissed. 23 DISCUSSION Plaintiff claims that Warden Carlos Arce is failing to follow “all statutes, regulations, laws, and [Department] Operations procedures governing the placement [and] 27 transferring classification of [Plaintiff] to the appropriate safe security with reasonable consideration [for] his special needs, yard case factors, enemies, STGs affiliations, and his threaten safety concerns regarding the STG attacks on his life.” Dkt. No. 1 at 1. Plaintiff seeks…

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