(PC) Humes v. Roseville Police Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JON HUMES, No. 2:18-cv-1109 DB P Plaintiff, v. ORDER AND ROSEVILLE POLICE DEPARTMENT, FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is a state inmate proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132. On June 3, 2019, the Court screened plaintiff’s first amended complaint (“FAC”) pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and ordered plaintiff to show cause why this action, which is premised on conduct occurring in 2003, should not be dismissed as untimely. (ECF No. 18.) In his response to the Court’s order (ECF No. 20), plaintiff claims that he could not have filed sooner because he was “incapacitated by mental illness” and is “100% disabled by both brain damage and also severe mental illness, ie, scitzophrenia [sic] because I hear voices as a result of brain damage.” Plaintiff’s…