(PC) Robertson v. California Department of State Hospitals - Sacramento
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RANDY DAVID RAY ROBERTSON, Case No. 1:23-cv-00912-NODJ-EPG (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
RECOMMENDING THAT THIS ACTION BE
13 v. DISMISSED WITHOUT PREJUDICE FOR
FAILURE TO COMPLY WITH COURT
CALIFORNIA DEPARTMENT OF ORDERS AND PROSECUTE
STATE HOSPITALS-SACRAMENTO, et al., (ECF No. 30) 16 Defendants.
18 Randy David Ray Robertson (“Plaintiff”), who at the time of filing the complaint was 19 civilly committed to the Atascadero State Hospital (“ASH”)1, proceeds pro se and in forma 20 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 21 On October 20, 2023, Defendants filed a motion to dismiss. (ECF No. 20). Defendants 22 served the motion to dismiss on Plaintiff at Contra Costa CONREP, where Plaintiff is now 23 housed. (ECF No. 20-1, p. 28; ECF No. 19). Defendants argue that the Eleventh Amendment bars 24 Plaintiff’s claims against the Department of State Hospitals and Defendants Price and Montfort