Smith v. Ducart et al

Filing 31

ORDER AMENDING COMPLAINT RETROACTIVELY; DIRECTING SERVICE OF NEWLY NAMED DEFENDANTS; EXTENDING DEADLINE FOR DISPOSITIVE MOTION. Signed by Judge William Alsup on 2/17/16. (dl, COURT STAFF) (Filed on 2/17/2016)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
10
No. C 15-3964 WHA (PR)

Plaintiff,
For the Northern District of California

United States District Court

JAMAAL SMITH,
11
12
v.
13
14
15
16

C.E. DUCART; D. MELTON;
LAWRY; SERGEANT J. LACY;
OFFICER A. SCHAAD; OFFICER S.
KERIK; OFFICER H. HANOVER;
OFFICER M. HUMPHREY;
OFFICER P. HICKS,

ORDER AMENDING COMPLAINT
RETROACTIVELY; DIRECTING
SERVICE OF NEWLY NAMED
DEFENDANTS; EXTENDING
DEADLINE FOR DISPOSITIVE
MOTION

Defendants.

17

/
18
19

Plaintiff, an inmate at Kern Valley State Prison, filed this civil rights case under 42

20

U.S.C. 1983 alleging that prison officials ant Pelican Bay State Prison (“PBSP”), where

21

Plaintiff was formerly housed, violated his constitutional rights. The complaint was found to

22

state cognizable claims against three named defendants — Warden C.E. Ducart, Correctional

23

Captain D. Melton, and Correctional Lieutenant Lawry — and it was served upon them. The

24

complaint also made allegations against Doe defendants, which allegations were also found to

25

state cognizable claims for relief. Plaintiff has submitted the names of these Doe defendants.

26

In light of the foregoing,

27

1.

28

The complaint is retroactively amended to replace defendants Does 1-6 with

defendants Sergeant J. Lacy; Officer A. Schaad; Officer S. Kerik; Officer H. Hanover; Officer

1

M. Humphrey; and Officer P. Hicks.

2

2.

The clerk shall issue summons and the United States Marshal shall serve,

3

without prepayment of fees, a copy of the complaint with all attachments thereto, and a copy of

4

this order upon defendants Sergeant J. Lacy; Officer A. Schaad; Officer S. Kerik; Officer

5

H. Hanover; Officer M. Humphrey; and Officer P. Hicks at Pelican Bay State Prison. A

6
7

3.

Defendants shall file an answer in accordance with the Federal Rules of Civil

Procedure.

8

4.

The provisions in the Order of Service regarding dispositive motions, discovery,

or indicate that such a motion is not warranted in this case is extended to and including April 5,

11
For the Northern District of California

and filings remain in effect, except that the deadline for defendants to file a dispositive motion

10

United States District Court

9

2016.

12

IT IS SO ORDERED.

13
Dated: February
14

17

, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1
2

NOTICE -- WARNING (SUMMARY JUDGMENT)
If defendants move for summary judgment, they are seeking to have your case

3

dismissed. A motion for summary judgment under Rule 56 of the Federal Rules of Civil

4

Procedure will, if granted, end your case.

5

Rule 56 tells you what you must do in order to oppose a motion for summary judgment.

fact--that is, if there is no real dispute about any fact that would affect the result of your case,

8

the party who asked for summary judgment is entitled to judgment as a matter of law, which

9

will end your case. When a party you are suing makes a motion for summary judgment that is

10

properly supported by declarations (or other sworn testimony), you cannot simply rely on what

11
For the Northern District of California

Generally, summary judgment must be granted when there is no genuine issue of material

7

United States District Court

6

your complaint says. Instead, you must set out specific facts in declarations, depositions,

12

answers to interrogatories, or authenticated documents, as provided in [current Rule 56(c)], that

13

contradict the facts shown in the defendant's declarations and documents and show that there is

14

a genuine issue of material fact for trial. If you do not submit your own evidence in opposition,

15

summary judgment, if appropriate, may be entered against you. If summary judgment is

16

granted, your case will be dismissed and there will be no trial.

17
18
19
20
21
22
23
24
25
26
27
28
3