Ashker

INTRODUCTION

22 Plaintiff, a California prisoner, filed this pro se civil rights case under 42 U.S.C. § 1983. 23 Based upon a review of the Complaint under Section 1915A, certain claims were dismissed. 24 Thereafter, plaintiff filed a First Amended Complaint (“FAC”) (ECF No. 33). Defendants move 25 to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff has filed an 26 opposition, and defendants filed a reply brief. For the reasons discussed below, defendants’ 27 motion to dismiss is GRANTED IN PART, certain claims are severed and transferred to the 28 Eastern District of California, certain other claims are dismissed, and the remaining defendants are granted an extension of time to file their summary judgment motion. STATEMENT Plaintiff is the lead plaintiff in the class-action lawsuit Ashker v. Brown, No. C 09-5796 CW (N. D. Cal.), in which California inmates claimed that their assignment to an indeterminate term in the Secured Housing Unit (“SHU”) at Pelican Bay State Prison (“PBSP”) violated their constitutional rights under the Eighth Amendment and the Due Process Clause of the Fourteenth 7 …