Thomas

Thomas v. Pashilk

Good Law
United States District Court, Northern District of CaliforniaApril 12, 20223:22-cv-01778California1,867 words

Opinion

Trial Court Opinion

INTRODUCTION

16 Thomas Hilbert, an inmate at San Quentin State Prison, filed this pro se prisoner’s civil rights 17 action under 42 U.S.C. § 1983. He consented to proceed before a magistrate judge. (ECF No. 6.)1 18 His complaint is now before the court for review. This order finds that the complaint states a 19 cognizable claim and orders service of process on the sole defendant.

STATEMENT

21 Mr. Hilbert alleges the following in his complaint: On April 1, 2021, correctional officer (C/O) 22 Pashilk opened a United States Postal Service package addressed to Mr. Hilbert and labeled as 23 legal mail outside of Mr. Hilbert’s presence in violation of his due process rights. Mr. Hilbert was 24 issued a Rules Violation Report due to contraband discovered in the legal mail and later found 25 guilty at a disciplinary hearing that led to the loss of privileges. (ECF No. 1 at 6-8.) 26 27 1 Citations are to material in the Electronic Case File (“ECF”); pinpoint cites are to the ECF-generated ANALYSIS A federal court must engage in a preliminary screening of any case in which a prisoner seeks redress from a governmental entity or officer or…

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