Mai
Hung Thanh Mai v. Connie Gipson, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
HUNG THANH MAI,
Case No. 25-cv-06892-RS (PR) Plaintiff, 11 v. ORDER DISMISSING THE COMPLAINT WITH LEAVE TO CONNIE GIPSON, et al., AMEND 13 Defendants.
15 INTRODUCTION Plaintiff alleges that various state actors transferred him from state to federal custody without his consent and without providing notice, thereby violating his due process, equal protection, First Amendment, and Eighth Amendment rights. His 42 U.S.C. § 1983 complaint containing these allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). Plaintiff has not stated any claim for relief. While state law may require defendants to obtain his consent or provide notice, the failure to comply with such state laws raises no federal claim. In fact, the Constitution generally permits states to transfer a prisoner to other institutions, whether state or federal. Accordingly, his due…