Hebbe v. Pliler, et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/03/11 ordering that defendants shall respond to plaintiff's second amended complaint within 21 days of the date of this order. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PAUL ERIC HEBBE,
Plaintiff,
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vs.
CHERYL PLIER, et al.,
Defendants.
ORDER
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No. CIV S-00-0306 EFB P
Plaintiff is a state prisoner represented by counsel in this civil rights action brought under
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42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28
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U.S.C. § 636(b)(1) and is before the undersigned pursuant to the parties’ consent. See E.D. Cal.
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Local Rules, Appx. A, at (k)(4).
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On September 27, 2007, a jury returned a verdict in favor of the defendants, and on
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September 28, 2007, judgment was entered. Plaintiff appealed, challenging the district court’s
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April 22, 2002 partial grant of defendants’ motion to dismiss.
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The U.S. Court of Appeals for the Ninth Circuit reversed the court’s ruling and remanded
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the case as to the following two claims: 1) that prison officials violated his constitutional right of
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court access because they denied him use of the prison law library without providing any
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alternative means of legal research assistance during the limited time period in which he was
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permitted to appeal his state court criminal conviction, and 2) prison officials violated his Eighth
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Amendment right to be free of cruel and unusual punishment because they forced him to choose
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between two constitutional rights, his right to exercise and his right of court access, by allowing
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him out of his cell only two hours per day, four days per week, for a period of eight months.
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On April 28, 2011, the court directed plaintiff to file an amended complaint. On May 31,
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2011, plaintiff filed a second amended complaint. Pursuant to 28 U.S.C. § 1915A, the court
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shall review “a complaint in a civil action in which a prisoner seeks redress from a governmental
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entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). “On review, the
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court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint,
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if the complaint (1) is frivolous, malicious, or fails to state a claim upon which relief may be
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granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id.
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§ 1915A(b).
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The court has reviewed plaintiff’s second amended complaint and finds that, pursuant to
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the Ninth Circuit’s ruling, the complaint states cognizable claims for relief against all
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defendants. Defendants have already been served in this case.
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Accordingly, it is hereby ordered that defendants shall respond to plaintiff’s second
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amended complaint within 21 days of the date of this order.
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Dated: June 3, 2011.
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