The opinion
FILED
NOT FOR PUBLICATION DEC 02 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HERNAN OROZCO, No. 15-16047
Plaintiff - Appellant, D.C. No. 2:14-cv-01404-MCE-
CKD
v.
EDMUND G. BROWN, Jr., MEMORANDUM*
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., Chief Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Hernan Orozco, a civil detainee at Coalinga State Hospital, appeals pro se
from the district court’s judgment dismissing his petition for writ of mandamus
seeking transfer to a different prison hospital. We have jurisdiction under 28
U.S.C. § 1291, and we vacate and remand.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The district court converted Orozco’s mandamus petition to a 42 U.S.C.
§ 1983 action, found it deficient, and granted leave to amend. Orozco instead filed
another petition for writ of mandamus. We vacate the dismissal order and remand
for the district court to provide Orozco with notice of the deficiencies in his § 1983
complaint and an opportunity to file a new § 1983 complaint with the benefit of
that notice. See Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir. 2012) (“[B]efore
dismissing a pro se complaint the district court must provide the litigant with
notice of the deficiencies in his complaint in order to ensure that the litigant uses
the opportunity to amend effectively.” (citation and internal quotation marks
omitted)).
To the extent Orozco contends the district court failed to comply with this
court’s writ of mandamus, we disagree.
VACATED and REMANDED.
2 15-16047