Thomas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HILBERT THOMAS, Case No. 23-cv-05617-JSC

Plaintiff, ORDER GRANTING MOTION TO

DISMISS; GRANTING LEAVE TO

v. AMEND; DENYING MOTIONS TO

ADMIT RECORDS; VACATING

OAK SMITH, et al., DISPOSITIVE MOTION SCHEDULE Defendants. Re: Dkt. Nos. 35, 38, 39,

INTRODUCTION Plaintiff, a California prisoner proceeding without attorney representation, filed this civil rights case under 42 U.S.C. § 1983 against three officials at San Quentin State Prison (“SQSP”): Warden Oak Smith, Correctional Officer S. Sanchez, and Correctional Officer J. Munger (“Defendants”). Defendants filed a motion to dismiss Plaintiff’s Fourteenth Amendment claims under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief may be granted. (ECF No. 35.) Plaintiff filed an opposition, and Defendants filed a reply. (ECF No 36, 37.) For the reasons discussed…