Harper
Harper v. Peterson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DERRICK D. HARPER, Case No. 23-cv-02998-PCP
Plaintiff,
ORDER OF DISMISSAL
v.
MARK PETERSON, et al., Defendants.
12 Derrick D. Harper, an inmate at the California Substance Abuse Treatment Facility, filed this pro se civil rights action under 42 U.S.C. § 1983. The Court dismissed the original complaint with partial leave to amend. Dkt. No. 11. The Court gave Mr. Harper a very limited chance to amend: “Dismissal is with leave to amend only as to § 1983 claims not premised upon Mr. Harper’s conviction.” Id. at 4 (emphasis in original). After extensions of time, Mr. Harper filed an Amended Complaint and a Habeas Petition. Dkt. Nos. 16–17. The amended pleadings now are before the Court for review under 28 U.S.C. § 1915A. Mr. Harper again seeks release from custody and damages for alleged wrongs during his criminal trial. See Dkt. Nos. 16–17. He has not identified any injury other than allegedly unconstitutional actions during his criminal trial. See id. He sues…