(PC) Benton v. CDCR North Kern State Prison

1 2 3 4 5 6 7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9 10 11 LEANDRUS BENTON, Case No. 1:24-cv-00370-EPG (PC) 12 Plaintiff,

ORDER TO SHOW CAUSE WHY THIS

13 v. ACTION SHOULD NOT BE DISMISSED

AS BARRED BY FAVORABLE

14 CDCR NORTH KERN STATE PRISON, TERMINATION RULE, WITHOUT

PREJUDICE TO PLAINTIFF FILING A

15 Defendant. PETITION FOR WRIT OF HABEAS CORPUS 16

THIRTY (30) DAY DEADLINE

17 Plaintiff Leandrus Benton is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action filed pursuant to 42 U.S.C. § 1983. (ECF No. 1). Plaintiff filed his 19 complaint on March 29, 2024 against CDCR North Kern State Prison. (Id. at 2). Plaintiff alleges 20 that various CDCR procedures and California Title 15 regulations were violated because his cell 21 was not searched prior to him being moved into it. When his cell was eventually searched and 22 contraband, including a cell phone, was found, Plaintiff received a Rule Violation Report (RVR). 23 Plaintiff lost privileges, contact visits with family, and credits. (Id. at 3). Plaintiff asks to have 24…