Riley v. Kernan et al

Filing 132

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of B. Hedrick, C Espitia, C. Imada, C. Macias, E. Uribe, G Chavarria, G.Z. Hernandez, J. Grima, J. Hatfield, J. Price, J.L. Prado, L. Newman, L. Paul, M Whitman, R Garcia, R. Witte, S Kernan, S. Cowey, W. L. Montgomery against Steven E. Riley. Signed by Judge Michael M. Anello on 12/5/2022. (smy1)(jrd)

Case 3:16-cv-00405-MMA-DDL Document 132 Filed 12/05/22 PageID.1495 Page 1 of 2

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
Steven E. Riley
Civil Action No. 16-cv-0405-MMA-DDL
Plaintiff,
V.

JUDGMENT IN A CIVIL CASE

See attachment

Defendant.

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried
or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED:
On October 28, 2022, the United States Court of Appeals for the Ninth Circuit entered judgment in this
case, reversing the Court’s denial of Defendants’ request for qualified immunity and remanding the
action to this Court for further proceedings. In its memorandum disposition, the Ninth Circuit held that
the Court misread the regulation, which sets a minimum and not a maximum number of tests an inmate
may be required to take each month. The circuit court also concluded that, even assuming Plaintiff has
established a constitutional violation, he fails to identify precedent that clearly establishes that right.
The Ninth Circuit’s judgment took effect November 21, 2022, and constitutes the formal mandate
issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. See Doc. No. 130. The
mandate is spread, and this Court once again has jurisdiction over this action.
The Court DIRECTS the Clerk of Court to enter judgment for Defendants and close this case.

Date:

12/5/22

CLERK OF COURT
JOHN MORRILL, Clerk of Court
By: s/ S. Yeager
S. Yeager, Deputy

Case 3:16-cv-00405-MMA-DDL Document 132 Filed 12/05/22 PageID.1496 Page 2 of 2

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA

(ATTACHMENT)
Civil Action No. 16cv0405-MMA-DDL
S Kernan, Secretary of Corrections and Rehabilitations
W. L. Montgomery, Warden Calipatria State Prison
B. Hedrick, Chief Deputy Warden
L. Paul, Associate Warden
G Chavarria, Associate Warden
J. Hatfield, Captain
E. Uribe, Lt
G.Z. Hernandez, Lt.
C. Imada, Sgt.
R. Witte, C/O
R Garcia, c/o
J. Price, c/o
M Whitman, Associate Warden
L. Newman, Lt.
C Espitia, Appeals Staff Analyst
S. Cowey, Lieutenant at Calipatria State Prison
C. Macias, Community Resource Manager at Calipatria State Prison
J.L. Prado, Sergeant/Lieutenant of Calipatria State Prison
J. Grima, Correctional Officer at Calipatria State Prison