Springfield v. Craig et al
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/13/18 GRANTING 2 Motion to Proceed IFP. Also, RECOMMENDING that this action be dismissed for failure to state a claim. Assigned and referred to Judge Morrison C. England Jr. Objections due within 14 days.(Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CIRON B. SPRINGFIELD,
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Plaintiff,
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v.
No. 2:17-cv-2144 DB P
ORDER AND FINDINGS AND
RECOMMENDATIONS
CRAIG, et al.,
Defendants.
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Plaintiff, a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §
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1983. Plaintiff claims defendants violated his due process rights by failing to provide him with
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advance notice of a classification hearing. Presently before the court is plaintiff’s motion to
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proceed in forma pauperis (ECF No. 2) and his complaint for screening (ECF No. 1). For the
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reasons set forth below the court will grant the motion to proceed in forma pauperis and
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recommend that the complaint be dismissed without leave to amend.
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IN FORMA PAUPERIS
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Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. §
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1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§
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1914(a), 1915(b)(1). By this order, plaintiff will be assessed an initial partial filing fee in
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accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct
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the appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and
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forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments
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of twenty percent of the preceding month’s income credited to plaintiff’s prison trust account.
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These payments will be forwarded by the appropriate agency to the Clerk of the Court each time
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the amount in plaintiff’s account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. §
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1915(b)(2).
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SCREENING
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I.
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Legal Standards
The court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. §
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1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims
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that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be
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granted, or that seek monetary relief from a defendant who is immune from such relief. See 28
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U.S.C. § 1915A(b)(1) & (2).
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A claim is legally frivolous when it lacks an arguable basis either in law or in fact.
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Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th
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Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an
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indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke,
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490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully
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pleaded, has an arguable legal and factual basis. See Franklin, 745 F.2d at 1227.
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Rule 8(a)(2) of the Federal Rules of Civil Procedure “requires only ‘a short and plain
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statement of the claim showing that the pleader is entitled to relief,’ in order to ‘give the
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defendant fair notice of what the . . . claim is and the grounds upon which it rests.’” Bell Atlantic
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Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).
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However, in order to survive dismissal for failure to state a claim a complaint must
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contain more than “a formulaic recitation of the elements of a cause of action;” it must contain
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factual allegations sufficient “to raise a right to relief above the speculative level.” Bell Atlantic,
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550 U.S. at 555. In reviewing a complaint under this standard, the court must accept as true the
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allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S.
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738, 740 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all
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doubts in the plaintiff’s favor. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).
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The Civil Rights Act under which this action was filed provides as follows:
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Every person who, under color of [state law] . . . subjects, or causes
to be subjected, any citizen of the United States . . . to the deprivation
of any rights, privileges, or immunities secured by the Constitution .
. . shall be liable to the party injured in an action at law, suit in equity,
or other proper proceeding for redress.
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42 U.S.C. § 1983. The statute requires that there be an actual connection or link between the
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actions of the defendants and the deprivation alleged to have been suffered by plaintiff. See
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Monell v. Dept. of Social Servs., 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362
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(1976). “A person ‘subjects’ another to the deprivation of a constitutional right, within the
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meaning of § 1983, if he does an affirmative act, participates in another's affirmative acts or
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omits to perform an act which he is legally required to do that causes the deprivation of which
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complaint is made.” Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
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Moreover, supervisory personnel are generally not liable under § 1983 for the actions of
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their employees under a theory of respondeat superior and, therefore, when a named defendant
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holds a supervisorial position, the causal link between him and the claimed constitutional
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violation must be specifically alleged. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979);
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Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir. 1978). Vague and conclusory allegations
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concerning the involvement of official personnel in civil rights violations are not sufficient. See
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Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
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II.
Allegations in the Complaint
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The events giving rise to the claim occurred while plaintiff was housed at California State
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Prison, Sacramento (“CSP-SAC”). He names as defendants: (1) correctional counselor P. Craig;
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(2) correctional counselor J. Coburn; and (3) associate warden R. Meier. (ECF No. 1 at 1.)
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Plaintiff states that he arrived at CSP-SAC on May 19, 2017 and was placed in the
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Administrative Segregation Unit (“ASU”). (Id. at 6.) On May 23, 2017 an Institutional
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Classification Committee (“ICC”) hearing was held regarding plaintiff’s housing and program
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status. Defendants Craig, Coburn, and Meier were present at the hearing. Plaintiff informed
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defendants that he did not receive a 72-hour advance notice of the hearing and that he was not
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seen by a correctional counselor to address his endorsement to CSP-SAC rather than California
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State Prison, Los Angeles.
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Plaintiff claims as a result of defendants alleged violation he was held in a more restrictive
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institution where the security level was higher, was retained in ASU from May 19, 2017 to
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August 26, 2017, and failed to provide another classification hearing in a timely manner. (ECF
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No. 1 at 9-10.) Plaintiff claims as a result he was deprived of rehabilitative programming,
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visitation privileges, education and did not receive mental health treatment. (Id. at 10-11.)
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III.
Does Plaintiff State a Claim Under § 1983?
A. Legal Standards Under the Due Process Clause
The Fourteenth Amendment’s Due Process Clause protects persons against deprivations
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of life, liberty, or property; and those who seek to invoke its procedural protection must establish
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that one of these interests is at stake. Wilkinson v. Austin, 545 U.S. 209, 221 (2005) (quotation
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marks omitted). In order to state a cause of action for deprivation of procedural due process, a
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plaintiff must first establish the existence of a liberty interest for which protection is sought.
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The Due Process Clause does not create a liberty interest in remaining in the general
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population or being free from administrative segregation. Hewitt v. Helms, 459 U.S. 460, 466-67
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(1983); Toussaint v. McCarthy, 801 F.2d 1080, 1091 (9th Cir. 1985), abrogated in part on other
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grounds by Sandin v. Conner, 515 U.S. 472 (1995). “‘Administrative segregation is the type of
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confinement that should be reasonably anticipated by inmates at some point in their
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incarceration.’” Toussaint, 801 F.2d at 1091 (quoting Hewitt, 459 U.S. at 468). The Ninth
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Circuit has concluded that prisoners have no liberty interest in remaining free from administrative
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segregation or solitary confinement. See May v. Baldwin, 109 F.3d 557, 565 (9th Cir. 1997).
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A state may “create liberty interests which are protected by the Due Process Clause.”
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Sandin, 515 U.S. at 483-84. A prisoner has a liberty interest protected by the Due Process Clause
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only where the restraint “‘imposes atypical and significant hardship on the inmate in relation to
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the ordinary incidents of prison life.’” Keenan v. Hall, 83 F.3d 1083, 1088 (9th Cir. 1996)
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(quoting Sandin, 515 U.S. at 484). A plaintiff must assert a dramatic departure from the standard
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conditions of confinement before due process concerns are implicated. Sandin, 515 U.S. at 485-
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86; Keenan, 83 F.3d at 1088-89.
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B. Analysis
Plaintiff’s allegations that he was held in a more restrictive institution does not implicate a
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liberty interest entitling him to due process protections. An inmate has no right to a particular
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prison. See Meachum v. Fano, 427 U.S. 215, 224-25 (1976) (conviction sufficiently extinguishes
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prisoner’s liberty interest and empowers the state to confine him in any of its prisons; no liberty
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interest protect by the Due Process Clause is implicated in a prison’s reclassification and transfer
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decisions).
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A prisoner does not have a right to a particular classification or custody level under the
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Due Process Clause. See Myron v. Terhune, 476 F.3d 716, 718 (9th Cir. 2007) (concluding
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California prisoner does not have liberty interest in residing at a level III prison as opposed to
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level IV prison); Hernandez v. Johnston, 833 F.2d 1316, 1318 (9th Cir. 1987) (“‘[A] prisoner has
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no constitutional right to a particular classification status.’”) (quoting Moody v. Daggett, 429 U.S.
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78, 88 n.9 (1976)).
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Because plaintiff cannot show he had a protected liberty interest in his classification
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status, he cannot state a claim for deprivation of his right to due process. Additionally, temporary
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placement in administrative segregation does not implicate a liberty interest. See Toussaint, 801
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F.2d at 1091 (Administrative segregation is the type of confinement that should be reasonably
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anticipated by inmates at some point in their incarceration); May, 109 F.3d at 565 (Prisoners have
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no liberty interest in remaining free from administrative segregation or solitary confinement).
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IV.
No Leave to Amend
Leave to amend should be granted if it appears possible that the defects in the complaint
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could be corrected, especially if a plaintiff is pro se. Lopez v. Smith, 203 F.3d 1122, 1130-31
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(9th Cir. 2000) (en banc); Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995) (“A pro se
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litigant must be given leave to amend his or her complaint, and some notice of its deficiencies,
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unless it is absolutely clear that the deficiencies of the complaint could not be cured by
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amendment.” (citing Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987)). However, if, after
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careful consideration, it is clear that a complaint cannot be cured by amendment, the court may
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dismiss without leave to amend. Cato, 70 F.3d at 1005-06.
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The undersigned finds that, as set forth above, plaintiff’s allegations fail to state a claim
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for relief and amendment would be futile. His complaint should be dismissed without leave to
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amend.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to
randomly assign a district judge.
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IT IS HEREBY RECOMMENDED that this action be dismissed for failure to state a
claim.
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These findings and recommendations will be submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days
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after being served with these findings and recommendations, plaintiff may file written objections
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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951
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F.2d 1153 (9th Cir. 1991).
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Dated: November 13, 2018
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DLB:12
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DLB:1/Orders/Prisoner Civil Rights/spri2144.scrn
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