Buchanan v. Ahern et al

Filing 10

ORDER OF SERVICE. Signed by Judge William Alsup on 10/23/2017. The deputy clerk hereby certifies that on 10/24/2017, a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (afmS, COURT STAFF) (Filed on 10/24/2017)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WHITTIER BUCK BUCHANAN,
Plaintiff,

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No. C 17-5167 WHA (PR)
ORDER OF SERVICE

v.
GREGORY J. AHERN; P.
KENNEDY; LANCE E.
DELBRIDGE; P.H. SLAUGHTER; J.
McCOMAS; DEPUTY AARON;
NEENA C. THOMAS; NURSE
KELLOG; NURSE MAGAAT;
CALIFORNIA FORENSIC
MEDICAL GROUP;

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Defendants.
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INTRODUCTION

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Plaintiff, an inmate at the Santa Rita Jail in Dublin, California, filed this pro se civil

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rights case under 42 U.S.C. 1983 alleging that defendants — officials at Santa Rita and the

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Alameda County Sheriff’s Department, as well as the medical group contracted to provide

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medical services at the jail — violated his constitutional rights. He is granted leave to proceed

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in forma pauperis in a separate order. For the reasons discussed below, the complaint is ordered

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served upon defendants.
ANALYSIS

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A.

STANDARD OF REVIEW
Federal courts must engage in a preliminary screening of cases in which prisoners seek

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redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

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1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims

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which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek

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monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro

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se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699

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(9th Cir. 1990).

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Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the

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claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the

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statement need only '"give the defendant fair notice of what the . . . . claim is and the grounds

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upon which it rests."'" Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted).

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Although in order to state a claim a complaint “does not need detailed factual allegations, . . . a

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plaintiff's obligation to provide the 'grounds of his 'entitle[ment] to relief' requires more than

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labels and conclusions, and a formulaic recitation of the elements of a cause of action will not

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do. . . . Factual allegations must be enough to raise a right to relief above the speculative

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level." Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A

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complaint must proffer "enough facts to state a claim for relief that is plausible on its face." Id.

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at 1974.

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To state a claim under 42 U.S.C. 1983, a plaintiff must allege two essential elements:

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(1) that a right secured by the Constitution or laws of the United States was violated, and (2)

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that the alleged deprivation was committed by a person acting under the color of state law.

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West v. Atkins, 487 U.S. 42, 48 (1988).

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B.

LEGAL CLAIMS

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Plaintiff alleges that he is a disabled inmate who was struck by another inmate, causing

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damage to plaintiff’s ear and ankle. He alleges that defendants were deliberately indifferent to

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his safety and to his medical needs stemming from that incident and from his disabilities.

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Plaintiff also alleges that defendants retaliated against him for filing inmate grievances and

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lawsuits. When liberally construed, plaintiff’s allegations state cognizable claims for the

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violation of plaintiff’s rights under the First Amendment, the Fourteenth Amendment, and the

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Eighth Amendment.

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CONCLUSION

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For the reasons set out above, it is hereby ordered as follows:

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1. The clerk shall issue summons and the United States Marshal shall serve, without

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prepayment of fees, a copy of the complaint with all attachments thereto, and a copy of this order

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upon defendants Sheriff Gregory J. Ahern; Sergeant P. Kennedy; Lieutenant Lance E.

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Delbridge; Lieutenant P.H. Slaughter; Lieutenant J. McComas; Deputy Aaron; Nurse

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Practitioner Neena C. Thomas; Nurse Practitioner Kellog; Nurse Practitioner Magaat; the

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California Forensic Medical Group at the Santa Rita County Jail or the Alameda County

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Sheriff’s Department. A copy of the complaint with attachments and this order shall also be

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mailed to the Alameda County Counsel’s Office.

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2. Defendants shall file an answer in accordance with the Federal Rules of Civil
Procedure.
3. In order to expedite the resolution of this case:

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a. No later than 91 days from the date this order is filed, defendant shall file a

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motion for summary judgment or other dispositive motion. If defendant is of the opinion that

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this case cannot be resolved by summary judgment, he shall so inform the court prior to the date

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the summary judgment motion is due. All papers filed with the court shall be promptly served on

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the plaintiff.

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b. Plaintiff's opposition to the dispositive motion, if any, shall be filed with the

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court and served upon defendant no later than 28 days from the date of service of the motion.

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Plaintiff must read the attached page headed “NOTICE -- WARNING,” which is provided to

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him pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc), and

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Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988).

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c. Defendant shall file a reply brief no later than 14 days after the date of service
of the opposition.

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d. 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.
e. Along with his motion, defendant shall proof that they served plaintiff the

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Rand warning at the same time they served him with their motion. Failure to do so will result

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in the summary dismissal of their motion.

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4. All communications by the plaintiff with the court must be served on defendant, or

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defendant’s counsel once counsel has been designated, by mailing a true copy of the document to

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defendant or defendant’s counsel.

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5. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. No

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further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is

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required before the parties may conduct discovery.

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6. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the court

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informed of any change of address and must comply with the court's orders in a timely fashion.

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Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to

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Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.

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Dated: October
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, 2017.

W ILLIAM A LSUP
U NITED S TATES D ISTRICT J UDGE

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

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

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Procedure will, if granted, end your case.

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

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

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

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

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

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

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

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

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

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

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

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

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