Opinion
S276743
11-22-2022
DEVON (ALAN) ON H.C.
H049938 Sixth Appellate District.
Petition for review granted; transferred to Court of Appeal, Sixth Appellate District, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Sixth Appellate District. That court is ordered to vacate its summary denial dated September 27, 2022, and is further ordered to issue an order to show cause, with instructions to hold an evidentiary hearing, returnable before the Monterey County Superior Court. The Secretary of the Department of Corrections and Rehabilitation is to be ordered to show cause, why the refusal to grant petitioner's request for spinal decompression surgery does not violate the Eighth Amendment of the United States Constitution, and article I, section 17 of the California Constitution. (Cal. Rules of Court, rule 8.528(d).)
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Kruger, Jenkin, and Guerrero, JJ.