Milliken
Milliken v. Maylin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES M. MILLIKEN, Case No. 18-cv-03209-JSC
Plaintiff, ORDER GRANTING MOTION
FOR SUMMARY JUDGMENT;
v. DENYING MOTION TO STAY
A. MAYLIN, et al., Re: Dkt. Nos. 26, 28 Defendants.
INTRODUCTION Plaintiff, a California prisoner proceeding pro se, filed this civil rights complaint under 42 U.S.C. ' 1983 against two officials at Pelican Bay State Prison (“PBSP”), where Plaintiff was formerly housed. He claims that they violated his constitutional rights when they placed him on contraband surveillance watch. The Court reviewed the complaint and found that, when liberally construed, it stated a cognizable claim for the violation of Plaintiff’s Eighth Amendment right to be free from cruel and unusual punishment. Defendants filed a motion for summary judgment.1 Plaintiff filed an opposition, and Defendants filed a reply brief. Plaintiff also filed a motion to stay the motion for summary…