Rodriguez

Rodriguez v. Newsom

Good Law
United States District Court, Northern District of CaliforniaOctober 10, 20194:19-cv-01378California1,721 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ARMANDO RODRIGUEZ,

Case No. 19-cv-01378-YGR (PR) Plaintiff, ORDER DISMISSING COMPLAINT v. WITH LEAVE TO AMEND 6 GAVIN NEWSOM, et al., 7 Defendants.

I. INTRODUCTION Plaintiff, a civil detainee at Napa State Hospital (“NSH”), has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. His motion for leave to proceed in forma pauperis has been granted. Dkt. 11. Venue is proper because the events giving rise to the claim are alleged to have occurred at NSH, which is located in this judicial district. See 28 U.S.C. § 1391(b). In his complaint, Plaintiff names the following Defendants: Governor Gavin Newsom; the Department of State Hospitals (“DSH”); and DSH Deputy Director George Maynard. Dkt. 1 at 1. Plaintiff sues these Defendants in their individual and official capacities. Id. Plaintiff seeks declaratory and injunctive relief. II. DISCUSSION A. Standard of Review …

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