In a two page memorandum opinion, the court held that it was error to conclude that Plaintiff improperly brought a separate action pursuant to 42 U.S.C. ยง 1983, and it remanded the case with instructions to order a response from Defendants. See Thomas v. Carrasco, et al., 285 F. App'x 487 (9th Cir. 2008). On April 29, 2009, Plaintiff filed his First Amended Complaint in this action.