Castlin

Castlin v. Cate CA1/4

Good Law
Court of Appeal of CaliforniaJanuary 30, 2015A140895California5,331 words

Opinion

Opinion

Reardon, J.

I. BACKGROUND

Because we are reviewing an order sustaining a demurrer, we are required to accept as true the allegations of facts set forth in plaintiff’s complaint. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.) Therefore, the facts set forth in this opinion are taken from the allegations in plaintiff’s complaint.

1 Plaintiff is a “respected author, anti-imperialist,” and self-described, “ ‘jailhouse lawyer.’ ” In December 2007, shortly after his writings “advocating for the release of political prisoners and abolition of prisons began being widely published in anti- imperialist” magazines, plaintiff was moved from the regular SHU to the “Communication Management Unit,” also known as the “short corridor.” In December 2008, plaintiff filed a writ of habeas corpus, challenging his no contest criminal conviction as being “in violation of constitutional law as plaintiff was never informed of the direct consequences of having to register as a ‘gang offender’ ” pursuant to Penal Code section 186.30. The petition was denied on or about September 2009, at which time plaintiff “received representation by human rights attorney Mr. Yavar Hameed of . . . Ontario Canada.”…

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