Hayes

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

HENRY C. HAYES,

aka HENRY M. MITCHELL, JR., Case No. 19-cv-05216-WHO (PR)

Plaintiff,

ORDER DIRECTING PLAINTIFF

v. TO FILE AN AMENDED

COMPLAINT OR A WRITTEN

RALPH DIAZ, et al., INDICATION TO PROCEED WITH

THE COGNIZABLE CLAIM ONLY

Defendants.

16 INTRODUCTION For at least the second time, plaintiff Henry C. Hayes, aka Henry M. Mitchell, Jr., challenges a California prison regulation that forbids prisoners from receiving mail that exceeds 16 ounces. His prior suit was unsuccessful. Mitchell v. Gipson, 1:12-cv-00469- LJO-DLB (E.D. Cal. 2016). The damages claims were dismissed by the Eastern District on grounds of qualified immunity, (id., Dkt. No. 30), a ruling that the Ninth Circuit upheld on appeal, (id., Dkt. No. 36). Because qualified immunity does not bar claims for declaratory, injunctive, or prospective relief, the suit was remanded to the Eastern District. (Id.) The suit was…