Williams v. Tate et al
Filing
39
ORDER signed by Circuit Judge Sidney Thomas on 10/02/09 ORDERING that this court has received plaintiff's motion for reconsideration, 9/17/09.That motion 36 is DENIED. Plaintiff alleges that prison officials violated his Eighth Amendment right s by altering his classification without 72 hours advance notice. However, "misclassification does not itself inflict pain within the meaning of the Eighth Amendment." Hoptowit v. Ray, 682 F.2d 1237,1256 (9th Cir. 1982) (citations omitted). (Becknal, R)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -1This court has received plaintiff's motion for reconsideration, filed September 17, 2009. That motion is DENIED. Plaintiff alleges that prison officials violated his Eighth Amendment rights by altering his classification without 72 hours advance notice. However, "misclassification does not itself inflict pain within the meaning of the Eighth Amendment." Hoptowit v. Ray, 682 F.2d 1237, 1256 (9th Cir. 1982) (citations omitted). IT IS SO ORDERED. vs. MATTHEW TATE, ET AL. Defendants. _______________________________/ KIRK DOUGLAS WILLIAMS Plaintiff, CASE NO. 2:08-CV-02242-SRT ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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DATED: OCTOBER 2, 2009
/s/ Sidney R. Thomas Sidney R. Thomas, United States Circuit Judge Sitting by Designation
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