Reynoso v. Sayre et al

Filing 6

ORDER OF SERVICE. Signed by Judge Claudia Wilken on 4/10/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 4/10/2012)

Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 OMAR REYNOSO, Plaintiff, 4 7 8 CHIEF MEDICAL OFFICER MICHAEL SAYRE, et al., Defendants. ________________________________/ 9 INTRODUCTION United States District Court For the Northern District of California 10 11 12 13 14 Plaintiff, a state prisoner incarcerated at Pelican Bay State Prison (PBSP), has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983, alleging deliberate indifference to his serious medical needs and negligence. 17 18 19 His motion for leave to proceed in forma pauperis has been granted. 15 16 ORDER OF SERVICE v. 5 6 No. C 11-4525 CW (PR) In his complaint, Plaintiff names the following Defendants: PBSP Chief Medical Officer Michael Sayre, PBSP Primary Care Provider Laurie Thomas, PBSP Primary Care Provider Adams and PBSP Acting Warden Jacquez. Plaintiff seeks monetary damages and injunctive relief. 20 DISCUSSION 21 I. Standard of Review 22 A federal court must conduct a preliminary screening in any 23 case in which a prisoner seeks redress from a governmental entity 24 or officer or employee of a governmental entity. 28 U.S.C. 25 § 1915A(a). In its review, the court must identify any cognizable 26 claims and dismiss any claims that are frivolous, malicious, fail 27 to state a claim upon which relief may be granted or seek monetary 28 1 relief from a defendant who is immune from such relief. Id. 2 § 1915A(b)(1), (2). 3 Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 4 1988). Pro se pleadings must be liberally construed. 5 To state a claim under 42 U.S.C. § 1983, a plaintiff must 6 allege two essential elements: (1) that a right secured by the 7 Constitution or laws of the United States was violated, and 8 (2) that the alleged violation was committed by a person acting 9 under the color of state law. United States District Court For the Northern District of California 10 (1988). DISCUSSION 11 12 West v. Atkins, 487 U.S. 42, 48 Plaintiff alleges as follows: Plaintiff suffers from chronic 13 lower back pain caused by degenerative disk disease. 14 transfer to PBSP in January 2010, he received adequate care for 15 his condition at Corcoran State Prison. 16 PBSP, however, Defendants have failed to provide him with proper 17 diagnostic procedures, treatment and pain relief. 18 Prior to his Since his arrival at Plaintiff's allegations, when liberally construed, state a 19 cognizable claim for deliberate indifference to his serious 20 medical needs, in violation of the Eighth Amendment. 21 v. Gamble, 429 U.S. 97, 104 (1976). 22 supplemental jurisdiction over Plaintiff's state law negligence 23 claim arising from the same allegations. See Estelle The Court also will exercise See 28 U.S.C. § 1367(c). CONCLUSION 24 25 For the foregoing reasons, the Court orders as follows: 26 1. The Clerk of the Court shall mail a Notice of Lawsuit and 27 Request for Waiver of Service of Summons, two copies of the Waiver 28 of Service of Summons, a copy of the complaint and all attachments 2 1 thereto (docket no. 1) and a copy of this Order to PBSP Chief 2 Medical Officer Michael Sayre, PBSP Primary Care Provider Laurie 3 Thomas, PBSP Primary Care Provider Adams and PBSP Acting Warden 4 Francisco Jacquez. 5 of the complaint and a copy of this Order to the State Attorney 6 General's Office in San Francisco. 7 mail a copy of this Order to Plaintiff. 8 9 2. The Clerk of the Court shall also mail a copy Additionally, the Clerk shall Defendants are cautioned that Rule 4 of the Federal Rules of Civil Procedure requires them to cooperate in saving United States District Court For the Northern District of California 10 unnecessary costs of service of the summons and complaint. 11 Pursuant to Rule 4, if Defendants, after being notified of this 12 action and asked by the Court, on behalf of Plaintiff, to waive 13 service of the summons, fail to do so, they will be required to 14 bear the cost of such service unless good cause be shown for their 15 failure to sign and return the waiver form. 16 this action will proceed as if Defendants had been served on the 17 date that the waiver is filed, except that pursuant to Rule 18 12(a)(1)(B), Defendants will not be required to serve and file an 19 answer before sixty days from the date on which the request for 20 waiver was sent. 21 be required if formal service of summons is necessary.) 22 Defendants are asked to read the statement set forth at the foot 23 of the waiver form that more completely describes the duties of 24 the parties with regard to waiver of service of the summons. 25 service is waived after the date provided in the Notice but before 26 Defendants have been personally served, the Answer shall be due 27 sixty days from the date on which the request for waiver was sent 28 or twenty days from the date the waiver form is filed, whichever If service is waived, (This allows a longer time to respond than would 3 If 1 2 is later. 3. Defendants shall answer the complaint in accordance with 3 the Federal Rules of Civil Procedure. 4 schedule shall govern dispositive motions in this action: a. 5 The following briefing No later than ninety days from the date their answer 6 is due, Defendants shall file a motion for summary judgment or 7 other dispositive motion. 8 adequate factual documentation and shall conform in all respects 9 to Federal Rule of Civil Procedure 56. The motion shall be supported by If Defendants are of the United States District Court For the Northern District of California 10 opinion that this case cannot be resolved by summary judgment, 11 they shall so inform the Court prior to the date the summary 12 judgment motion is due. 13 promptly served on Plaintiff. b. 14 All papers filed with the Court shall be Plaintiff's opposition to the dispositive motion 15 shall be filed with the Court and served on Defendants no later 16 than sixty days after the date on which Defendants' motion is 17 filed. 18 should be given to pro se plaintiffs facing a summary judgment 19 motion: 20 21 22 23 24 25 26 27 28 The Ninth Circuit has held that the following notice The defendant has made a motion for summary judgment by which they seek to have your case dismissed. 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 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 4 1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict 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 [in favor of the defendants], your case will be dismissed and there will be no trial. See Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc). Plaintiff is advised to read Rule 56 of the Federal Rules of Civil Procedure and Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (party opposing summary judgment must come forward with evidence showing triable issues of material fact on every essential element of his claim). burden of proving his allegations in this case, he must be prepared to produce evidence in support of those allegations when he files his opposition to Defendants' dispositive motion. witnesses to the incident, and copies of documents authenticated by sworn declaration. Plaintiff will not be able to avoid summary judgment simply by repeating the allegations of his complaint. c. Defendants shall file a reply brief no later than thirty days after the date Plaintiff's opposition is filed. 22 23 Such evidence may include sworn declarations from himself and other 20 21 Plaintiff is cautioned that because he bears the d. The motion shall be deemed submitted as of the date the reply brief is due. No hearing will be held on the motion 24 unless the Court so orders at a later date. 25 4. Discovery may be taken in this action in accordance with 26 the Federal Rules of Civil Procedure. Leave of the Court pursuant 27 to Rule 30(a)(2) is hereby granted to Defendants to depose 28 5 1 2 Plaintiff and any other necessary witnesses confined in prison. 5. All communications by Plaintiff with the Court must be 3 served on Defendants, or Defendants' counsel once counsel has been 4 designated, by mailing a true copy of the document to Defendants 5 or Defendants' counsel. 6 6. It is Plaintiff's responsibility to prosecute this case. 7 Plaintiff must keep the Court informed of any change of address 8 and must comply with the Court's orders in a timely fashion. 9 7. Extensions of time are not favored, though reasonable United States District Court For the Northern District of California 10 extensions will be granted. 11 must be filed no later than fifteen days prior to the deadline 12 sought to be extended. 13 IT IS SO ORDERED. 14 15 Any motion for an extension of time DATED: 4/10/2012 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?