Swarthout

(PC) Hill v. Swarthout

Good Law
United States District Court, Eastern District of CaliforniaJune 21, 20212:15-cv-02012California395 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH HILL, No. 2:15-cv-2012 KJM AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS GARY SWARTHOUT, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. The Ninth Circuit has vacated the September 20, 2020 judgment and remanded the case for further proceedings. ECF No. 60. By order filed January 31, 2017, ECF No. 9, the undersigned had screened the original complaint and dismissed plaintiff’s due process claims against defendants Swarthout and Cappel for denying his disciplinary appeals. Because defendants had not consented to magistrate judge jurisdiction, the undersigned was without jurisdiction to dismiss the claims. ECF No. 60 (citing Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017). Accordingly, IT IS HEREBY ORDERED that the dismissal of the due process claims against defendants Swarthout and Cappel for denying plaintiff’s…

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