(PC) Howell v. Johnson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KAREEM J. HOWELL, No. 2:20-cv-0520 KJN P Plaintiff, v. ORDER J. JOHNSON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. On August 27, 2021, plaintiff filed a state court form entitled, “Request for Civil Harassment Restraining Orders.” (ECF No. 36.) Defendants filed a motion to strike plaintiff’s request because it is filed on a state court form, is confusing, and is also incomplete because it did not include the form required in section 11 (ECF No. 36 at 5). In the alternative, defendants argue that plaintiff’s claims are speculative, without any evidentiary support, and the court has no jurisdiction over Officer Ehlers, who is not a party to this action. Plaintiff did not file a reply. The undersigned is persuaded that plaintiff’s filing on the state court form should be stricken. “Civil harassment” under California state law does not address the elements of a request for…