Samuels v. Ahlin et al
Filing
70
ORDER for Plaintiff to Notify the Court if it Wishes to Substitute Defendant(s) for the Fresno County Board of Supervisors Within Twenty-One (21) Days signed by Magistrate Judge Erica P. Grosjean on 4/26/2017. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DOUGAL SAMUELS,
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Plaintiff,
v.
PAM AHLIN, et al.,
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Defendants.
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1:10-cv-00585-DAD-EPG (PC)
ORDER FOR PLAINTIFF TO NOTIFY
THE COURT IF IT WISHES TO
SUBSTITUTE DEFENDANT(S) FOR
THE FRESNO COUNTY BOARD OF
SUPERVISORS
(ECF. NO. 53)
TWENTY-ONE DAY DEADLINE
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Dougal Samuels (“Plaintiff”) is a civil detainee proceeding pro se and in forma
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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Following the Ninth
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Circuit’s order holding in part that “Samuels is not barred from bringing suit against the
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members of the Fresno County Board of Supervisors in their official capacity,” (ECF No, 22),
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this case now proceeds on Plaintiff’s Third Amended Complaint, filed on July 15, 2016. (ECF
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No. 40).
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Supervisors” as a defendant, among others.
Plaintiff’s Third Amended Complaint names the “Fresno County Board of
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On January 20, 2017, Fresno County filed a motion to quash service of process or to
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dismiss Plaintiff’s action in the alternative (“Motion to Quash”). (ECF No. 53). Fresno County
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argues that the “Fresno County Board of Supervisors” is not an appropriate defendant in this
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case because it is neither an individual nor a city or county. (Id. at 2). Additionally, Fresno
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County moves to quash service because Fresno County itself is not currently a defendant in this
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case and so should not have been served with the complaint. (Id.).
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On April 20, 2017, the Court held a hearing on the Motion to Quash. 1 During the
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hearing, counsel for the County of Fresno argued that the Fresno County Board of Supervisors
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was merely a subunit of the County of Fresno and thus was not a proper defendant. Counsel
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Scott Hawkins personally appeared on behalf of Fresno County. Plaintiff telephonically
appeared on his own behalf.
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for the County of Fresno said that the County of Fresno was the type of city that could be sued
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under 1983. Moreover, counsel for the County of Fresno argued that any lawsuit against
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individual members of the Board of Supervisors, even if those individuals were identified and
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added to the lawsuit, would ultimately be a lawsuit against the County of Fresno itself because
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the individuals could only be sued in their official capacity.
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During the hearing, the Court asked Plaintiff if he wished to substitute the County of
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Fresno (or any other defendants) for the Board of Supervisors. However, the phone connection
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was not good and it was difficult to understand Plaintiff.
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Accordingly, the Court orders Plaintiff to notify the Court if it wishes to substitute in
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the County of Fresno, or any other defendants, for the “Fresno County Board of Supervisors.”
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Fresno County may respond seven days following Plaintiff’s notification. The Court will issue
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findings and recommendations on the County of Fresno’s pending motion to quash (ECF No.
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53) after receiving this additional information.
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Accordingly, based on the foregoing, IT IS HEREBY ORDERED THAT:
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1. Within thirty (21) days from the date of service of this order, Plaintiff shall
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either:
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a. File a motion to substitute the County of Fresno, or any other defendants,
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for the currently named Fresno County Board of Supervisors; or
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b. File a notice that Plaintiff wants the Court to issue findings and
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recommendations to the assigned district judge on the record as it stands.
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2. If Plaintiff opts to file a motion to substitute defendants, within seven (7) after
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the motion is filed in CM/ECF, Fresno County may file a response to the
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motion.
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IT IS SO ORDERED.
Dated:
April 26, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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