(PC) Concepcion v. California Department of Corrections and Rehabilitation
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHELLE (a/k/a MYCHAL) Case No. 1:18-cv-01743-NONE-JLT (PC)
CONCEPCION,
12 Plaintiff, 13 ORDER DIRECTING DEFENDANTS TO v. FILE SUPPLEMENT TO MOTION TO 14 DISMISS
CALIFORNIA DEPARTMENT OF
15 CORRECTIONS AND 30-DAY DEADLINE REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff alleges that Defendants denied him sex reassignment surgery (SRS) in violation 19 of the Eighth Amendment, the Fourteenth Amendment, and the Patient Protection and Affordable 20 Care Act. (Doc. 15.) Pending before the Court is Defendants’ motion to dismiss Plaintiff’s 21 complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 27.) Plaintiff has filed an 22 opposition, to which Defendants have filed a reply. (Docs. 34, 38.) In their reply, Defendants state 23 that, after filing their motion, Plaintiff was approved for SRS, which “raises the question of 24 whether the Court has subject-matter jurisdiction over Plaintiff’s claim for…