Williams v. Tate et al

Filing 34

ORDER signed by Circuit Judge Sidney Thomas on 8/18/2009 DENYING 32 Paaintiff's Motion for Reconsideration; GRANTING 33 Motion for Extension of time to complete Notice of Submission of Documents filed by plaintiff Kirk Douglas Williams; Plaintiff shall have until 9/4/2009 to file the required documents. The Clerk of the Court is directed to send plaintiff 7 additional USM-285 forms. (Reader, L)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Kirk Douglas Williams, Plaintiff, v. Matthew Tate, et al., Defendants. _____________________________

2:08-cv-02242-SRT (PC) ORDER

Plaintiff's motion for reconsideration of this court's prior order partially dismissing his complaint is DENIED. "The requirements of procedural due process apply only to the deprivation of interests encompassed by the Fourteenth Amendment's protection of liberty and property." Bd. of Regents v. Roth, 408 U.S. 564, 569 (1972). As Plaintiff has no Fourteenth Amendment liberty interest in his prison classification, Myron v. Terhune, 476 F.3d 716, 718 (9th Cir. 2007), the state did not violate his procedural due process rights by altering his classification without 72 hours advance notice. Plaintiff's request for an extension of time to file the documents described in this court's prior order is GRANTED. Plaintiff shall have until September 4, 2009 to file the required

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documents. The Clerk of the Court is directed to send plaintiff 7 additional USM-285 forms. IT IS SO ORDERED. DATED: August 18, 2009 /s/ Sidney R. Thomas Sidney R. Thomas, United States Circuit Judge Sitting by Designation

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