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Williams v. Tate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 2, 2009

KIRK DOUGLAS WILLIAMS PLAINTIFF,
v.
MATTHEW TATE, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Sidney R. Thomas, United States Circuit Judge

ORDER

This 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.

20091002

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