Briggs v. Baker et al

Filing 8

ORDER OF SERVICE; INSTRUCTIONS TO CLERK. Signed by Judge William Alsup on 12/4/2017. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 12/4/2017)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
10
11

RONNIE LEE BRIGGS,
Plaintiff,

12

ORDER OF SERVICE;
INSTRUCTIONS TO CLERK

v.

13
14

No. C 17-6511 WHA (PR)

ARRON K. BAKER; S. GLASPER;
BRANDON BUTTS;

15
Defendants.
/

16
17

INTRODUCTION
18
Plaintiff, an inmate at the West County Jail in Richmond, California, filed this pro se
19
civil rights case under 42 U.S.C. 1983 against three officers of the City of Pittsburg Police
20
Department. He is granted leave to proceed in forma pauperis in a separate order. For the
21
reasons discussed below, the complaint is ordered served upon defendants.
22
ANALYSIS
23
A.

STANDARD OF REVIEW

24
Federal courts must engage in a preliminary screening of cases in which prisoners seek
25
redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.
26
1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims
27
which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek
28
monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro

1

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

2

(9th Cir. 1990).

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

at 1974.

14

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

15

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

16

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

17

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

18

B.

19
20
21

LEGAL CLAIMS
Plaintiff’s allegations, when liberally construed, state a cognizable claim for relief

against defendants under Section 1983 for using excessive force against him during his arrest.
CONCLUSION

22

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

23

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

24

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

25

order upon Officers Arron K. Baker, S. Glasper, and Brandon Butts of the City of

26

Pittsburg Police Department. A courtesy copy of the complaint with attachments and this

27

order shall also be mailed to the City Attorney’s Office for the City of Pittsburg, California.

28
2

1
2
3

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

4

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

5

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

6

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

7

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

8

on the plaintiff.

9

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

10

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

11

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

12

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

13

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

14
15
16
17
18

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

19

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

20

the summary dismissal of their motion.

21

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

22

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

23

to defendant or defendant’s counsel.

24

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

25

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

26

required before the parties may conduct discovery.

27

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

28
3

1

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

2

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

3

Federal Rule of Civil Procedure 41(b).

4

IT IS SO ORDERED.

5
Dated: December
6

4 , 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4

1
2

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

3

A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if

4

granted, end your case.

5

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

6

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

7

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

8

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

9

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

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 granted,

16

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

17
18
19
20
21
22
23
24
25
26
27
28
5