Thomas

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HILBERT THOMAS, Case No. 23-cv-05617-JSC

8 Plaintiff, ORDER OF PARTIAL DISMISSAL

AND OF SERVICE; GRANTING

9 v. MOTION TO FILE COMPLAINT;

DENYING MOTION FOR NOTICE OF

10 OAK SMITH, et al., NAME CHANGE 11 Defendants. Re: Dkt. Nos. 10, 12

12 INTRODUCTION 13 Plaintiff, a California prisoner proceeding without an attorney, filed this civil rights action 14 under 42 U.S.C. § 1983. The complaint (ECF No. 7) names three officials at San Quentin State 15 Prison (“SQSP”) as Defendants: Warden Oak Smith, Correctional Officer S. Sanchez, and 16 Correctional Officer J. Munger. Leave to proceed in forma pauperis is granted in a separate order. 17 For the reasons discussed below, the “municipal liability” claim is dismissed, and the complaint is 18 ordered served on Defendants based upon the claims that are capable of being judicially heard and 19 decided. The motion for leave to file the complaint (ECF No.…