Pleshchuk

Daryl Hicks v. Pleschuk, et al.

Good Law
United States District Court, Eastern District of CaliforniaOctober 24, 20252:22-cv-00903California1,856 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARYL HICKS, No. 2:22-cv-0903 TLN CSK P Plaintiff, v. ORDER PLESCHUK, et al., Defendants. 16 Plaintiff is a former state prisoner temporarily in county custody proceeding pro se in an action brought under 42 U.S.C. § 1983. Plaintiff filed a motion for extension of time and requests that the court appoint counsel. As discussed below, plaintiff’s motion for extension of time is partially granted, and his requests for appointment of counsel are denied. I. PLAINTIFF’S ALLEGATIONS In his second amended complaint, plaintiff alleges defendants Powell and Dr. Pleshchuk were determined to remove plaintiff from the Enhanced Outpatient program (“EOP”), despite his demonstrated need for such mental health care, in violation of the Eighth Amendment. (ECF No. 16 at 3-5.) 26 CDCR’s Mental Health Services Delivery System Program Guide provides four levels of mental health care services: Correctional Clinical Case…

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