Casso v. Placeres

Filing 6

ORDER by Judge Charles R. Breyer and order denying as moot 3 Motion for Extension of Time to File. No Later than 90 days from the date of this order, defendant shall file a motion for summary judgment or other dispositive motion. (Attachments: # 1 Certificate of Service) (be, COURT STAFF) (Filed on 2/28/2006) Modified on 3/6/2006 (mcl, COURT STAFF).

Casso v. Placeres

Doc. 6

Case 3:06-cv-01211-CRB

Document 6

Filed 02/28/2006

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Santiago Casso, an inmate at the Alameda County Jail, Santa Rita Facility, filed a pro se civil action for damages in the Superior Court of the State of California in and for the County of Alameda alleging that parole officer K. Placeres was deliberately indifferent to his needs as a "disabled verified prisoner/parolee" who is "mobility impaired." Among other things, plaintiff alleges that, following his parole, Placeres placed him in an upper-floor facility he was unable to access without the assistance of others and that he was robbed while waiting for someone to assist him up to his second-floor residence. On February 17, 2006, Placeres removed the action to this court pursuant to 28 U.S.C. § 1441(b). It was designated as a prisoner civil rights action and assigned to the undersigned. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

SANTIAGO CASSO, Plaintiff(s), vs. K. PLACERES, Defendant(s).

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No. C 06-1211 CRB (PR) ORDER (Doc # 3)

Dockets.Justia.com

Case 3:06-cv-01211-CRB

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Section 1915A of Title 18 requires federal courts to screen cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity by identifying cognizable claims or dismissing the complaint, or any portion of the complaint, if the complaint "is frivolous, malicious, or fails to state a claim upon which relief may be granted," or "seeks monetary relief from a defendant who is immune from such relief." 28 U.S.C. § 1915A(b). Liberally construed, Casso's complaint appears to state cognizable claims for relief under 42 U.S.C. § 1983 against Placeres ("defendant") and should proceed. In order to expedite the resolution of this case, the court orders as follows: a. No later than 90 days from the date of this order, defendant shall

file a motion for summary judgment or other dispositive motion. A motion for summary judgment shall be supported by adequate factual documentation and shall conform in all respects to Federal Rule of Civil Procedure 56, and shall include as exhibits all records and incident reports stemming from the events at issue. If defendant is of the opinion that this case cannot be resolved by summary judgment or other dispositive motion, he shall so inform the court prior to the date his motion is due. All papers filed with the court shall be served promptly on plaintiff. b. Plaintiff's opposition to the dispositive motion shall be filed with

the court and served upon defendant no later than 30 days after defendant serves plaintiff with the motion. c. Plaintiff is advised that a motion for summary judgment under Rule

56 of the Federal Rules of Civil Procedure will, if granted, end your case. Rule 56 tells you what you must do in order to oppose a motion for summary judgment. Generally, summary judgment must be granted when there is no

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genuine issue of material fact--that is, if there is no real dispute about any fact that would affect the result of your case, the party 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 supported by declarations (or other sworn testimony), you cannot simply rely on what your complaint says. Instead, you must set out specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradicts the facts shown in the defendant's declarations and documents and show that there is a genuine issue of material fact for trial. If you do not submit your own evidence in opposition, summary judgment, if appropriate, may be entered against you. If summary judgment is granted, your case will be dismissed and there will be no trial. Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc) (App. A). Plaintiff is also advised that a motion to dismiss for failure to exhaust administrative remedies under 42 U.S.C. § 1997e(a) will, if granted, end your case, albeit without prejudice. You must "develop a record" and present it in your opposition in order to dispute any "factual record" presented by the defendants in their motion to dismiss. Wyatt v. Terhune, 315 F.3d 1108, 1120 n.14 (9th Cir. 2003). d. If defendant wishes to file a reply brief, he shall do so no later than

15 days after plaintiff serves him with the opposition. e. The motion shall be deemed submitted as of the date the reply brief

is due. No hearing will be held on the motion unless the court so orders at a later date. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. No further court order is required before conducting discovery.

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All communications by plaintiff with the court must be served on defendant by mailing a true copy of the document to defendant's counsel. It is plaintiff's responsibility to prosecute this case. Plaintiff must keep the court and all parties informed of any change of address and must comply with the court's orders in a timely fashion. Failure to do so may result in the dismissal of this action under Federal Rule of Civil Procedure 41(b). Defendant's motion (doc # 3) for an extension of time to file a responsive pleading or dispositive motion is denied as moot. SO ORDERED. DATED: Feb. 28, 2006 CHARLES R. BREYER United States District Judge

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