Jones

Jones v. Moran

Good Law
900 F. Supp. 1267·1995 WL 529428·1995 U.S. Dist. LEXIS 13018
United States District Court, Northern District of CaliforniaAugust 21, 1995C-93-02073 CWCalifornia4,881 words

Opinion

Opinion

Wilken, J.

ORDER GRANTING SUMMARY JUDGMENT

Plaintiff Cleotha Jones, a prisoner at Vaca-ville state prison, filed this civil rights action under 42 U.S.C. § 1983 regarding (1) his confinement in a Secured Housing Unit at Pelican Bay state prison beyond his scheduled release date from SHU and (2) Defendants’ subsequent failure to transfer Plaintiff from the SHU at Pelican Bay back to Vaca-ville until two months after the Classification Security Representative (“CSR”) approved such a move. Plaintiff, proceeding in forma pauperis and pro se, alleges that he was deprived of a liberty interest created by California Code of Regulations Title 15 § 3341.5 when Defendants retained him in SHU beyond his scheduled release date and continued to retain him after the CSR endorsed his transfer back to Vacaville. Defendants move for summary judgment, and Plaintiff opposes the motion.

After careful consideration of the parties’ papers and the record as a whole, and good cause appearing, Defendants’ motion is GRANTED in its entirety for the reasons stated below.

STATEMENT OF FACTS

On September 17, 1992, Plaintiff was transferred from the California Medical Facility (“CMF”) at Vacaville to a Secured Housing…

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