Hayes

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10

HENRY C. HAYES,

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

12 Plaintiff,

ORDER DIRECTING PLAINTIFF

13 v. TO FILE AN AMENDED

COMPLAINT OR A WRITTEN

14 RALPH DIAZ, et al., INDICATION TO PROCEED WITH

THE COGNIZABLE CLAIM ONLY

15 Defendants.

16 17 INTRODUCTION 18 For at least the second time, plaintiff Henry C. Hayes, aka Henry M. Mitchell, Jr., 19 challenges a California prison regulation that forbids prisoners from receiving mail that 20 exceeds 16 ounces. His prior suit was unsuccessful. Mitchell v. Gipson, 1:12-cv-00469- 21 LJO-DLB (E.D. Cal. 2016). The damages claims were dismissed by the Eastern District 22 on grounds of qualified immunity, (id., Dkt. No. 30), a ruling that the Ninth Circuit upheld 23 on appeal, (id., Dkt. No. 36). Because qualified immunity does not bar claims for 24 declaratory, injunctive, or prospective relief, the suit was remanded to the Eastern District. 25 (Id.) The suit was…