Kramer

I. BACKGROUND

15 Plaintiff William Stafford is a civil detainee proceeding pro se and in forma pauperis with 16 this civil rights action pursuant to 42 U.S.C. § 1983. 17 On May 12, 2017, this case was dismissed with prejudice based on plaintiff’s failure to 18 state a claim, and judgment was entered. (Doc. Nos. 17, 18.) On May 25, 2017, plaintiff filed a 19 notice of appeal to the Ninth Circuit Court of Appeals. (Doc. No. 20.) On June 10, 2021, the 20 Ninth Circuit issued a memorandum affirming in part and vacating in part the district court’s 21 substantive determination and remanding the case to the district court. (Doc. No. 24.) 22 The Ninth Circuit remanded the case to the district court with instructions to modify the 23 judgment to make clear that the dismissal of the state law claims is without prejudice, as follows: 24 “[W]hen a court ‘dismisses the federal claim leaving only state claims for 25 resolution, the court should decline jurisdiction over the state claims and dismiss 26 them without prejudice.’ Gini v. Las Vegas Metro. Police Dep’t., 40 F.3d 1041, 27 1046 (9th Cir. 1994) (quoting Les Shockley Racing v. Nat’l Hot Rod Ass’n, 884 28 F.2d…