Harrison

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 DAVID SCOTT HARRISON, Case No. 16-cv-07103-RMI

9 Plaintiff,

ORDER RE: DEFENDANT’S MOTION

10 v. TO DISMISS PLAINTIFF’S

COMPLAINT AS MOOT

11 S. KERNAN, et al., Re: Dkt. No. 96 12 Defendants.

13 14 Plaintiff, an elderly inmate at San Quentin State Prison, brought this action to challenge a 15 policy (Cal. Code Regs. tit. 15, § 3190(b)(1)-(5)) (hereafter, the “Policy”) promulgated by 16 California Department of Corrections and Rehabilitation (hereafter, “CDCR”) regarding property 17 possession rules that prohibited him from possessing many of the same items of property that 18 female inmates of the same or higher security classification1 are allowed to have. See generally 19 Compl. (dkt. 1-1) at 5-103; see also Pl.’s Mot. (dkt. 91) at 6. Exemplars of some of the items that 20 the Policy permits women, but not men, to possess includes the card game Uno, ketchup, and 21 cotton balls. See id. Arguing that the court must apply…