Archuleta v. Grewal et al
Filing
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ORDER OF SERVICE. Signed by Judge Vaughn R Walker on 10/8/2010. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 10/8/2010)
Archuleta v. Grewal et al
Doc. 6
1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 USC § 1915A(a). Plaintiff, a prisoner incarcerated at the Correctional Training Facility ("CTF") in Soledad, California, has filed a pro se complaint under 42 USC § 1983 alleging that CTF medical personnel were deliberately indifferent to his serious medical needs. Doc #1. Defendants. / v INDERJIT GREWAL, et al, RICHARD ARCHULETA, Plaintiff, ORDER OF SERVICE No C-10-2367 VRW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint "is frivolous,
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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." Id § 1915A(b). Pleadings filed by pro se Hebbe v Pliler,
litigants, however, must be liberally construed.
611 F3d 1202, 1205 (9th Cir 2010); Balistreri v Pacifica Police Dep't, 901 F2d 696, 699 (9th Cir 1990). To state a claim under 42 USC § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the
Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. West v Atkins, 487 US 42, 48 (1988).
A Deliberate indifference to serious medical needs violates the Eighth Amendment's proscription against cruel and unusual punishment. Estelle v Gamble, 429 US 97, 104 (1976). A "serious
medical need" exists if the failure to treat a prisoner's condition could result in further significant injury or the "unnecessary and wanton infliction of pain." McGuckin v Smith, 974 F2d 1050, 1059
(9th Cir 1992) (citing Estelle, 429 US at 104), overruled in part on other grounds by WMX Technologies, Inc v Miller, 104 F3d 1133, 1136 (9th Cir 1997) (en banc). A prison official is "deliberately
indifferent" if he knows that a prisoner faces a substantial risk of serious harm and disregards that risk by failing to take reasonable steps to abate it. // // 2 Farmer v Brennan, 511 US 825, 837 (1994).
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B Here plaintiff alleges that CTF medical personnel were deliberately indifferent to his serious medical needs, including in their treatment of his certain medical conditions and their administration of certain medications. Liberally construed,
plaintiff's allegations appear to state a cognizable Eighth Amendment claim for deliberate indifference to his serious medical needs and defendants will be served.
II For the foregoing reasons and for good cause shown: 1. The clerk shall issue summons and the United States
Marshal shall serve, without prepayment of fees, copies of the complaint in this matter, all attachments thereto, and copies of this order on defendants CTF staff physicians/surgeons Inderjit Grewal, Charles Lee, Quan Anh Dinh, M Sepulveda and John Carlisle, MD. The clerk also shall serve a copy of this order on plaintiff. 2. In order to expedite the resolution of this case, the
court orders as follows: a. No later than ninety (90) days from the date of
this order, defendants 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 defendants are of the opinion that this case cannot be
resolved by summary judgment or other dispositive motion, they shall 3
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so inform the court prior to the date their 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 defendants no later than thirty (30) days after defendants serve 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 Generally, summary
order to oppose a motion for summary judgment.
judgment must be granted when there is no 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 defendants' 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 F3d 952, 962-63 (9th Cir 1998) (en banc) (App A). 4
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Plaintiff also is advised that a motion to dismiss for failure to exhaust administrative remedies under 42 USC § 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. 2003). d. Defendants shall file a reply brief within Wyatt v Terhune, 315 F3d 1108, 1120 n14 (9th Cir
fifteen (15) days of the date on which plaintiff serves them with the opposition. e. The motion shall be deemed submitted as of the No hearing will be held on the motion
date the reply brief is due.
unless the court so orders at a later date. 3. Discovery may be taken in accordance with the Federal No further court order is required before
Rules of Civil Procedure.
the parties may conduct discovery. 4. All communications by plaintiff with the court must
be served on defendants, or defendants' counsel once counsel has been designated, by mailing a true copy of the document to defendants or defendants' counsel. // // // // // // // 5
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5.
It is plaintiff's responsibility to prosecute this
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 pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
VAUGHN R WALKER United States District Chief Judge
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