Scott v. Garcia

[3] 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA [6] 7 JAMES SCOTT, Case No. 25-cv-00435-HSG 8 Plaintiff, ORDER OF SERVICE 9 v. 10 R. GARCIA, 11 Defendant. [12] 13 Plaintiff, an inmate currently housed at Salinas Valley State Prison (“SVSP”), has filed a 14 pro se action pursuant to 42 U.S.C. § 1983 . In this order, the Court screens Plaintiff’s complaint 15 (Dkt. No. 1) pursuant to 28 U.S.C. § 1915A. Plaintiff has been granted leave to proceed in forma 16 pauperis in a separate order. 17 DISCUSSION 18 A. Standard of Review 19 A federal court must conduct a preliminary screening in any case in which a prisoner seeks 20 redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. 21 § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims 22 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 23 monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), 24 (2). Pro se pleadings must, however, be liberally construed. See United States v. Qazi, 975 F.3d 25 989, 993 (9th Cir. 2020). 26 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 27 claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “Specific facts are not 1 grounds upon which it rests.’” Erickson v. Pardus, 551 U.S. 89, 93 (2007) (citations omitted). 2 While Rule 8 does not require detailed factual allegations, it demands more than an unadorned, 3 the-defendant-unlawfully-harmed-me accusation. Ashcroft v. Iqbal, 556 U.S. 662 , 677–78 (2009). 4 A pleading that offers only labels and conclusions, or a formulaic recitation of the elements of a 5 cause of action, or naked assertions devoid of further factual enhancement does not suffice. Id. 6 To state a claim under 42 U.S.C. § 1983 , a plaintiff must allege two essential elements: (1) that a 7 right secured by the Constitution or laws of the United States was violated, and (2) that the alleged 8 violation was committed by a person acting under the color of state law. See West v. Atkins, 487 9 U.S. 42, 48 (1988). 10 B. Complaint 11 The complaint alleges that on August 28, 2024, SVSP correctional officer R. Garcia put 12 Plaintiff in a choke hold, dragged Plaintiff to the ground, and started slamming Plaintiff’s head 13 into the ground, causing Plaintiff to suffer severe pain in his neck, back and head. The complaint 14 alleges that there was no need for the use of force, and that Plaintiff was not resisting at the time. 15 See generally Dkt. No. 1. Liberally construed, the complaint states a cognizable Eighth 16 Amendment excessive force claim against defendant R. Garcia. Hudson v. McMillian, 503 U.S. 1 , 17 9 (1992) (Eighth Amendment violated when “prison officials maliciously and sadistically use 18 force to cause harm”). 19 CONCLUSION 20 For the reasons set forth above, the Court orders as follows. 21 1. The following defendant(s) shall be served: Salinas Valley State Prison correctional 22 officer R. Garcia. 23 2. Service on the listed defendant(s) shall proceed under the California Department of 24 Corrections and Rehabilitation’s (“CDCR”) e-service program for civil rights cases from prisoners 25 in the CDCR’s custody. In accordance with the program, the Clerk is directed to serve on the 26 CDCR via email the following documents: the operative complaint (Dkt. No. 1), this order of 27 service, a CDCR Report of E-Service Waiver form and a summons. The Clerk also shall serve a 1 No later than 40 days after service of this order via email on the CDCR, the CDCR shall 2 provide the court a completed CDCR Report of E-Service Waiver advising the court which 3 defendant(s) listed in this order will be waiving service of process without the need for service by 4 the United States Marshal Service (“USMS”) and which defendant(s) decline to waive service or 5 could not be reached. The CDCR also shall provide a copy of the CDCR Report of E-Service 6 Waiver to the California Attorney General’s Office which, within 21 days, shall file with the Court 7 a waiver of service of process for the defendant(s) who are waiving service. 8 Upon receipt of the CDCR Report of E-Service Waiver, the Clerk shall prepare for each 9 defendant who has not waived service according to the CDCR Report of E-Service Waiver a 10 USM-205 Form. The Clerk shall provide to the USMS the completed USM-205 forms and copies 11 of this order, the summons, and the operative complaint for service upon each defendant who has 12 not waived service. The Clerk also shall provide to the USMS a copy of the CDCR Report of E13 Service Waiver. 14 3. As detailed above, the complaint states a cognizable Eighth Amendment claim 15 against SVSP correctional officer R. Garcia. 16 4. In order to expedite the resolution of this case, the Court orders as follows: 17 a. No later than 91 days from the date this order is filed, Defendant must file 18 and serve a motion for summary judgment or other dispositive motion. If Defendant is of the 19 opinion that this case cannot be resolved by summary judgment, Defendant must so inform the 20 Court prior to the date the motion is due. A motion for summary judgment also must be 21 accompanied by a Rand notice so that Plaintiff will have fair, timely, and adequate notice of what 22 is required of him in order to oppose the motion. Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 23 2012) (notice requirement set out in Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998), must be 24 served concurrently with motion for summary judgment).1 [25] 1 If Defendant asserts that Plaintiff failed to exhaust his available administrative remedies as [26] required by 42 U.S.C. § 1997e(a), Defendant(s) must raise such argument in a motion for summary judgment, pursuant to the Ninth Circuit’s opinion in Albino v. Baca, 747 F.3d 1162 (9th [27] Cir. 2014) (en banc) (overruling Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th Cir. 2003), which 1 b. Plaintiff’s opposition to the summary judgment or other dispositive motion 2 must be filed with the Court and served upon Defendant no later than 28 days from the date the 3 motion is filed. Plaintiff must bear in mind the notice and warning regarding summary judgment 4 provided later in this order as he prepares his opposition to any motion for summary judgment. 5 Defendant shall file a reply brief no later than 14 days after the date the opposition is filed. The 6 motion shall be deemed submitted as of the date the reply brief is due. No hearing will be held on 7 the motion. 8 5. Plaintiff is advised that a motion for summary judgment under Rule 56 of the 9 Federal Rules of Civil Procedure will, if granted, end your case. Rule 56 tells you what you must 10 do in order to oppose a motion for summary judgment. Generally, summary judgment must be 11 granted when there is no genuine issue of material fact – that is, if there is no real dispute about 12 any fact that would affect the result of your case, the party who asked for summary judgment is 13 entitled to judgment as a matter of law, which will end your case. When a party you are suing 14 makes a motion for summary judgment that is properly supported by declarations (or other sworn 15 testimony), you cannot simply rely on what your complaint says. Instead, you must set out 16 specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, 17 as provided in Rule 56(c), that contradict the facts shown in the defendants’ declarations and 18 documents and show that there is a genuine issue of material fact for trial. If you do not submit 19 your own evidence in opposition, summary judgment, if appropriate, may be entered against you. 20 If summary judgment is granted, your case will be dismissed and there will be no trial. Rand v. 21 Rowland, 154 F.3d 952 , 962–63 (9th Cir. 1998) (en banc) (App. A). (The Rand notice above does 22 not excuse Defendants’ obligation to serve said notice again concurrently with a motion for 23 summary judgment. Woods, 684 F.3d at 939 ). 24 6. All communications by Plaintiff with the Court must be served on Defendant’s 25 counsel by mailing a true copy of the document to Defendant’s counsel. The Court may disregard 26 any document which a party files but fails to send a copy of to his opponent. Until Defendant’s 27 counsel has been designated, Plaintiff may mail a true copy of the document directly to Defendant 1 directly to Defendant. 2 7. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. 3 No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16 is required 4 || before the parties may conduct discovery. 5 8. Plaintiff is responsible for prosecuting this case. Plaintiff must promptly keep the 6 || Court informed of any change of address and must comply with the Court’s orders in a timely 7 fashion. Failure to do so may result in the dismissal of this action for failure to prosecute pursuant 8 || to Federal Rule of Civil Procedure 41(b). Plaintiff must file a notice of change of address in every 9 || pending case every time he is moved to a new facility. 10 9. Any motion for an extension of time must be filed no later than the deadline sought 11 to be extended and must be accompanied by a showing of good cause. Plaintiff is cautioned that 12 || he must include the case name and case number for this case on any document he submits to the 5 13 Court for consideration in this case. IT IS SO ORDERED. 15 || Dated: January 31, 2025 6 Absiured 5 Mbt) HAYWOOD S. GILLIAM, JR. 17 United States District Judge