York

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS (11-1)

I

PROCEDURAL BACKGROUND

On April 17, 1998 Patrick York (“Plaintiff’), a prisoner proceeding pro se, filed a Complaint pursuant to 42 U.S.C. § 1983 alleging violations of his due process rights by officials at Calipatria State Prison (“CSP”). Plaintiff named as defendants S. Huerta-Garcia, Chief Deputy Warden, G. Ochs, Associate Warden, A. Tutt, Facility Captain, D. Dexter, Correctional Counselor, G. Stanford, Lieutenant, and L. Albert, Correctional Officer (collectively, the “Defendants”), all employed at CSP. (Compl. p. 1, Def.Mem. p. 2.)

On July 30, 1998 Defendants, through counsel, filed a Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

On August 11,1998 Plaintiff filed a Motion in Opposition to Defendants’ Motion to Dismiss.

II

STATEMENT OF THE CASE

Plaintiff alleges the following in his Complaint:

(Compl. p. 3.)

In his prayer for relief Plaintiff requests that he “be compensated $400 a day for each day that I was held in administrative segregation (lock up) after the fact finding of the 115.” (Compl. p. 3.)

Exhibits filed with the Complaint shed light on the facts leading to…