(PC) Spearman v. Department of State Hospitals

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REGINALD EDWARD SPEARMAN, No. 2:21-cv-1213 TLN KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STEPHANIE CLENDENIN, et al.,

Defendants. 16 Plaintiff, presently housed in the county jail, appears pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. By order filed October 8, 2021, plaintiff’s complaint was dismissed with leave to file an amended complaint. Plaintiff filed an amended complaint. Plaintiff alleges defendants violated his right to a speedy trial and his due process rights under the Fourteenth Amendment by failing to timely place plaintiff in a state mental hospital for treatment, as ordered by the state court on March 3, 2021, finding plaintiff incompetent to stand trial, and also failing to treat plaintiff. Plaintiff names as defendants Stephanie Clendenin, director of the State Department of State Hospitals, as well as the California Department of State 26 …