Thomas
Thomas v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HILBERT THOMAS, Case No. 23-cv-05617-JSC
Plaintiff, ORDER OF PARTIAL DISMISSAL
AND OF SERVICE; GRANTING
v. MOTION TO FILE COMPLAINT;
DENYING MOTION FOR NOTICE OF
OAK SMITH, et al., NAME CHANGE Defendants. Re: Dkt. Nos. 10,
INTRODUCTION Plaintiff, a California prisoner proceeding without an attorney, filed this civil rights action under 42 U.S.C. § 1983. The complaint (ECF No. 7) names three officials at San Quentin State Prison (“SQSP”) as Defendants: Warden Oak Smith, Correctional Officer S. Sanchez, and Correctional Officer J. Munger. Leave to proceed in forma pauperis is granted in a separate order. For the reasons discussed below, the “municipal liability” claim is dismissed, and the complaint is ordered served on Defendants based upon the claims that are capable of being judicially heard and decided. The motion for leave to file the complaint (ECF No.…