1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JUVENCIO GOMEZ, Case No. 20-cv-01592-JSC
8 Plaintiff, ORDER OF SERVICE v. 9
10 ALAMEDA COUNTY SHERIFF'S DEPARTMENT, et al., 11 Defendants.
12 13 INTRODUCTION 14 Plaintiff, an inmate at the Santa Rita County Jail, filed this pro se civil rights complaint 15 under 42 U.S.C. § 1983 against the Alameda County Sheriff’s Department, Sheriff Gregory 16 Ahern, and Deputy M. Vargas.1 Plaintiff’s application to proceed in forma pauperis is granted in 17 a separate order. For the reasons explained below, the complaint is ordered served upon 18 Defendants. 19 STANDARD OF REVIEW 20 Federal courts must engage in a preliminary screening of cases in which prisoners seek 21 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 22 1915A(a). The Court must identify cognizable claims or dismiss the complaint, or any portion of 23 the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief 24 may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.” Id. 25 § 1915A(b). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 26 F.2d 696, 699 (9th Cir. 1990). 27 1 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 2 claim showing that the pleader is entitled to relief.” “Specific facts are not necessary; the 3 statement need only give the defendant fair notice of what the . . . . claim is and the grounds upon 4 which it rests.” Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted). Although to 5 state a claim a complaint “does not need detailed factual allegations, . . . a plaintiff’s obligation to 6 provide the grounds of his entitle[ment] to relief requires more than labels and conclusions, and a 7 formulaic recitation of the elements of a cause of action will not do. . . . Factual allegations must 8 be enough to raise a right to relief above the speculative level.” Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A complaint must proffer “enough facts to 9 state a claim for relief that is plausible on its face.” Id. at 1974. 10 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements: (1) that a 11 right secured by the Constitution or laws of the United States was violated, and (2) that the alleged 12 violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 13 42, 48 (1988). 14 LEGAL CLAIMS 15 In the complaint and attachments, Plaintiff alleges that he was assigned to the jail’s 16 administrative segregation unit without justification or adequate procedural protections, and that 17 jail officials have obstructed and interfered with both his legal mail and phone calls with his 18 attorney. He also identifies seven other inmates whom he claims have suffered the same 19 violations of their rights. These allegations, when liberally construed, are sufficient to state a 20 claim for relief against Defendants under Section 1983 for the violation of Plaintiff’s 21 constitutional rights. 22 CONCLUSION 23 1. The Clerk shall issue a summons and Magistrate Judge jurisdiction consent form 24 and the United States Marshal shall serve, without prepayment of fees, the summons, Magistrate 25 Judge jurisdiction consent form, a copy of the complaint with attachments, and a copy of this 26 order on The Alameda County Sheriff’s Department; Sheriff Gregory J. Ahern, and 27 Classification Unit Deputy Mr. Vargas. 1 The Clerk shall also send a courtesy copy of the Magistrate Judge jurisdiction consent 2 form, the complaint with all attachments and a copy of this order to the California Attorney 3 General’s Office. 4 2. Defendants shall complete and file the Magistrate Judge jurisdiction consent form 5 within the deadline provided on the form. He shall also file an answer in accordance with the 6 Federal Rules of Civil Procedure. 7 3. To expedite the resolution of this case: 8 a. No later than 91 days from the date this order is issued, Defendants shall file a motion for summary judgment or other dispositive motion. The motion shall be supported by 9 adequate factual documentation and shall conform in all respects to Federal Rule of Civil 10 Procedure 56, and shall include as exhibits all records and incident reports stemming from the 11 events at issue. If Defendants is of the opinion that this case cannot be resolved by summary 12 judgment, they shall so inform the Court prior to the date the summary judgment motion is due. 13 All papers filed with the Court shall be promptly served on Plaintiff. 14 b. At the time the dispositive motion is served, Defendants shall also serve, on a 15 separate paper, the appropriate notice required by Rand v. Rowland, 154 F.3d 952, 953-954 (9th 16 Cir. 1998) (en banc). See Woods v. Carey, 684 F.3d 934, 940-941 (9th Cir. 2012). 17 c. Plaintiff's opposition to the dispositive motion, if any, shall be filed with the 18 Court and served upon Defendants no later than 28 days from the date the motion is filed. 19 Plaintiff must read the attached page headed “NOTICE -- WARNING,” which is provided to him 20 pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc). 21 d. Defendants shall file a reply brief no later than 14 days after the opposition is 22 filed. 23 e. The motion shall be deemed submitted as of the date the reply brief is due. No 24 hearing will be held on the motion unless the Court so orders at a later date. 25 5. All communications by Plaintiff with the Court must be served on Defendants or 26 their counsel once counsel has been designated, by mailing a true copy of the document to 27 Defendants or their counsel. 1 6. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. 2 No further Court order under Federal Rule of Civil Procedure 30(a)(2) is required before the 3 || parties may conduct discovery. 4 7. It is Plaintiff's responsibility to prosecute this case. Plaintiff must keep the Court 5 || informed of any change of address by filing a separate paper with the clerk headed “Notice of 6 || Change of Address.” He also must comply with the Court's orders in a timely fashion. Failure to 7 do so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of 8 Civil Procedure 41(b). Reasonable requests for an extension of a deadline will be allowed upon a 9 showing of good cause if the request is filed prior to the deadline. 10 IT IS SO ORDERED. 11 Dated: May 13, 2020
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ne 3 CQUELINE SCOTT CORLEY 14 United States Magistrate Judge 15
Z 18 19 20 21 22 23 24 25 26 27 28
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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JUVENCIO GOMEZ, Case No. 20-cv-01592-JSC
8 Plaintiff, ORDER OF SERVICE v. 9
10 ALAMEDA COUNTY SHERIFF'S DEPARTMENT, et al., 11 Defendants.
12 13 INTRODUCTION 14 Plaintiff, an inmate at the Santa Rita County Jail, filed this pro se civil rights complaint 15 under 42 U.S.C. § 1983 against the Alameda County Sheriff’s Department, Sheriff Gregory 16 Ahern, and Deputy M. Vargas.1 Plaintiff’s application to proceed in forma pauperis is granted in 17 a separate order. For the reasons explained below, the complaint is ordered served upon 18 Defendants. 19 STANDARD OF REVIEW 20 Federal courts must engage in a preliminary screening of cases in which prisoners seek 21 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 22 1915A(a). The Court must identify cognizable claims or dismiss the complaint, or any portion of 23 the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief 24 may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.” Id. 25 § 1915A(b). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 26 F.2d 696, 699 (9th Cir. 1990). 27 1 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 2 claim showing that the pleader is entitled to relief.” “Specific facts are not necessary; the 3 statement need only give the defendant fair notice of what the . . . . claim is and the grounds upon 4 which it rests.” Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted). Although to 5 state a claim a complaint “does not need detailed factual allegations, . . . a plaintiff’s obligation to 6 provide the grounds of his entitle[ment] to relief requires more than labels and conclusions, and a 7 formulaic recitation of the elements of a cause of action will not do. . . . Factual allegations must 8 be enough to raise a right to relief above the speculative level.” Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A complaint must proffer “enough facts to 9 state a claim for relief that is plausible on its face.” Id. at 1974. 10 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements: (1) that a 11 right secured by the Constitution or laws of the United States was violated, and (2) that the alleged 12 violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 13 42, 48 (1988). 14 LEGAL CLAIMS 15 In the complaint and attachments, Plaintiff alleges that he was assigned to the jail’s 16 administrative segregation unit without justification or adequate procedural protections, and that 17 jail officials have obstructed and interfered with both his legal mail and phone calls with his 18 attorney. He also identifies seven other inmates whom he claims have suffered the same 19 violations of their rights. These allegations, when liberally construed, are sufficient to state a 20 claim for relief against Defendants under Section 1983 for the violation of Plaintiff’s 21 constitutional rights. 22 CONCLUSION 23 1. The Clerk shall issue a summons and Magistrate Judge jurisdiction consent form 24 and the United States Marshal shall serve, without prepayment of fees, the summons, Magistrate 25 Judge jurisdiction consent form, a copy of the complaint with attachments, and a copy of this 26 order on The Alameda County Sheriff’s Department; Sheriff Gregory J. Ahern, and 27 Classification Unit Deputy Mr. Vargas. 1 The Clerk shall also send a courtesy copy of the Magistrate Judge jurisdiction consent 2 form, the complaint with all attachments and a copy of this order to the California Attorney 3 General’s Office. 4 2. Defendants shall complete and file the Magistrate Judge jurisdiction consent form 5 within the deadline provided on the form. He shall also file an answer in accordance with the 6 Federal Rules of Civil Procedure. 7 3. To expedite the resolution of this case: 8 a. No later than 91 days from the date this order is issued, Defendants shall file a motion for summary judgment or other dispositive motion. The motion shall be supported by 9 adequate factual documentation and shall conform in all respects to Federal Rule of Civil 10 Procedure 56, and shall include as exhibits all records and incident reports stemming from the 11 events at issue. If Defendants is of the opinion that this case cannot be resolved by summary 12 judgment, they shall so inform the Court prior to the date the summary judgment motion is due. 13 All papers filed with the Court shall be promptly served on Plaintiff. 14 b. At the time the dispositive motion is served, Defendants shall also serve, on a 15 separate paper, the appropriate notice required by Rand v. Rowland, 154 F.3d 952, 953-954 (9th 16 Cir. 1998) (en banc). See Woods v. Carey, 684 F.3d 934, 940-941 (9th Cir. 2012). 17 c. Plaintiff's opposition to the dispositive motion, if any, shall be filed with the 18 Court and served upon Defendants no later than 28 days from the date the motion is filed. 19 Plaintiff must read the attached page headed “NOTICE -- WARNING,” which is provided to him 20 pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc). 21 d. Defendants shall file a reply brief no later than 14 days after the opposition is 22 filed. 23 e. The motion shall be deemed submitted as of the date the reply brief is due. No 24 hearing will be held on the motion unless the Court so orders at a later date. 25 5. All communications by Plaintiff with the Court must be served on Defendants or 26 their counsel once counsel has been designated, by mailing a true copy of the document to 27 Defendants or their counsel. 1 6. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. 2 No further Court order under Federal Rule of Civil Procedure 30(a)(2) is required before the 3 || parties may conduct discovery. 4 7. It is Plaintiff's responsibility to prosecute this case. Plaintiff must keep the Court 5 || informed of any change of address by filing a separate paper with the clerk headed “Notice of 6 || Change of Address.” He also must comply with the Court's orders in a timely fashion. Failure to 7 do so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of 8 Civil Procedure 41(b). Reasonable requests for an extension of a deadline will be allowed upon a 9 showing of good cause if the request is filed prior to the deadline. 10 IT IS SO ORDERED. 11 Dated: May 13, 2020
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ne 3 CQUELINE SCOTT CORLEY 14 United States Magistrate Judge 15
Z 18 19 20 21 22 23 24 25 26 27 28
1 NOTICE -- WARNING (SUMMARY JUDGMENT) 2 If Defendants move for summary judgment, they are seeking to have your case dismissed. 3 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if 4 granted, end your case. 5 Rule 56 tells you what you must do in order to oppose a motion for summary judgment. 6 Generally, summary judgment must be granted when there is no genuine issue of material fact-- 7 that is, if there is no real dispute about any fact that would affect the result of your case, the party 8 who asked for summary judgment is entitled to judgment as a matter of law, which will end your case. When a party you are suing makes a motion for summary judgment that is properly 9 supported by declarations (or other sworn testimony), you cannot simply rely on what your 10 complaint says. Instead, you must set out specific facts in declarations, depositions, answers to 11 interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts 12 shown in Defendant's declarations and documents and show that there is a genuine issue of 13 material fact for trial. If you do not submit your own evidence in opposition, summary judgment, 14 if appropriate, may be entered against you. If summary judgment is granted, your case will be 15 dismissed and there will be no trial. 16 17 18 19 20 21 22 23 24 25 26 27