William Robert Bramscher v. Hermosa Beach Police Department

Good Law
United States District Court, Central District of CaliforniaAugust 19, 20202:20-cv-04324California1,968 words

Opinion

Trial Court Opinion

JS-6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 10 WILLIAM ROBERT BRAMSCHER, CASE NO. CV 20-4324 RGK (AS) Plaintiff,

ORDER DISMISSING SECOND AMENDED

v.

COMPLAINT

HERMOSA BEACH POLICE DEPARTMENT, et al., 15 Defendants. 16 17 I. INTRODUCTION 20 On May 7, 2020,1 William Robert Bramscher (“Plaintiff”), an inmate at Correctional Training Facility in Soledad, California, 23 Under the “mailbox rule,” a pleading filed by a pro se prisoner is deemed to be filed as of the date the prisoner delivered it to prison authorities for mailing, not the date on which the 25 pleading may have been received or filed by the court. Houston v. Lack, 487 U.S. 266, 270 (1988); see also Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009) (“[T]he Houston mailbox rule applies to § 1983 suits filed by pro se prisoners.”); Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010) (“When a prisoner 28 1 …

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