Smithee et al v. California Correctional Institution et al

Filing 11

ORDER Reclassifying the Case as a Prisoner Action signed by Magistrate Judge Jennifer L. Thurston on 1/28/2019. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DANA SMITHEE, et al.,

12

Plaintiffs,

13
14

Case No. 1:19-cv-00004 LJO JLT
ORDER RECLASSIFYING THE CASE AS A
PRISONER ACTION

v.
CALIFORNIA CORRECTIONAL
INSTITUTE, et al.,

15
Defendants.
16
17

In this action, the plaintiffs seek to recover damages they suffered and those suffered by

18

their relative who committed suicide while in custody. (Doc. 1) The defendants in this action

19

include government employees and the State of California1. Therefore, the Court ORDERS the

20

matter to be reclassified as a “prisoner action.” Despite this, however, the requirements of Local

21

Rules 230(l), 240(c)(8) and 271(a)(2) SHALL NOT apply.

22
23
24

IT IS SO ORDERED.
Dated:

January 28, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

25
26
27
28

1

The plaintiffs seem to assert a Monell claim against the State but fail to account for the Eleventh
Amendment immunity. Clearly, if this is their intention, it cannot proceed. Thus, the plaintiffs SHALL consider
their intentions in this regard.