Tilei v. California Department of Corrections and Rehabilitation

Filing 30

ORDER. Signed by Judge Phyllis J. Hamilton on 4/22/16. (Certificate of Service Attached)(napS, COURT STAFF) (Filed on 4/22/2016) Modified on 4/22/2016 (napS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PUNAOFO TSUGITO TILEI,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 12-cv-01688-PJH
ORDER

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,
Defendant.

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Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. §
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1983. This case was dismissed at screening but the Ninth Circuit affirmed in part and
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vacated in part. The Circuit affirmed the dismissal for damages under the Eleventh
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Amendment because the Circuit noted that the only defendant was a state agency, the
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California Department of Corrections and Rehabilitation (“CDCR”). The Circuit reversed
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the dismissal for injunctive relief in light of Pride v. Correa, 719 F.3d 1130, 1136-37 (9th
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Cir. 2013), which was issued after the dismissal and held that individual claims for
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injunctive relief are not barred due to the Plata class action. The Circuit also reversed the
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denial of plaintiff’s motion to appoint counsel and remanded the issue for the court to
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consider plaintiff’s medical condition.
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As currently pled, plaintiff presents only general claims for injunctive relief against
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the CDCR. He states that defendant refuses to provide the recommended medical
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treatment from various doctors. However, plaintiff does not describe specifically what
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medical care or treatment has been denied. He states that certain medical appliances
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have been denied, but does not identify what appliances. He states he needs different
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pain medication, but does not specify what pain medication. He does state that MRI and

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X-ray records are not available at appointments, but that is the only specific allegation.

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Stating that he seek better medical care and for defendant to implement certain

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recommended treatment is insufficient and vague. Plaintiff must provide more detailed

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information about the medical treatment that he seeks. Plaintiff will be provided an

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opportunity to file an amended complaint to present more specific claims for injunctive

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relief.

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With respect to plaintiff’s motion to appoint counsel, he must provide more

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information. The Ninth Circuit has held that a district court may ask counsel to represent
an indigent litigant only in "exceptional circumstances," the determination of which

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United States District Court
Northern District of California

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requires an evaluation of both (1) the likelihood of success on the merits and (2) the

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ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal

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issues involved. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991).
Plaintiff stated that his medical problems make it difficult to litigate this case. He

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must describe his current medical problems and how they prevent him from prosecuting

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this action. The court notes that despite his medical condition, plaintiff has a lengthy

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history of litigation and has adequately pursued this and other cases. Since 2012, when

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this action was originally filed, plaintiff has filed the following cases: Tilei v. Hasadsri, No.

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12-15553 (9th Cir. 2012); In re Punaofo Tsugito Tilei, H038684 (CA Court of Appeal 6th

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Dist. 2012); In re Punaofo Tsugito Tilei, S207189 (CA Supreme Court 2012); Tilei v.

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McGuinness, No. 13-16038 (9th Cir. 2013).1 Prior to 2012, plaintiff filed and litigated

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more than 30 cases in federal in state court. In Tilei v. Wan, No. 06-0776 (E.D. Cal.),

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plaintiff proceeded to trial in May 2012. He testified before a jury that while in prison he

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was a law library clerk, prepared and filed a class action lawsuit in state court, and was

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considered an institutional lawyer for other inmates. Tilei v. CDCR, No. 13-15909,

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Docket No. 36, RJN at 120, 124, 131.

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A court may take judicial notice of public records. Lee v. City of Los Angeles, 250 F.3d
668, 689 (9th Cir. 2001).
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USION
CONCLU

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1. The Clerk shall reopen th case.
e
his

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2. By May 27, 20
016, plaintiff shall resp
f
pond to the court order and provid more
r
de

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info
ormation why counsel should be appointed and plaintif must file an amende
w
ff
ed

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complaint as discussed above. Bec
a
cause an a
amended co
omplaint co
ompletely re
eplaces the

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original comp
plaint, plaint must inc
tiff
clude in it alll the claims he wishes to present. See
s
s

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United States District Court
Northern District of California

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Fe
erdik v. Bonzelet, 963 F.2d 1258, 1262 (9th C 1992). He may no incorpora material
F
Cir.
ot
ate
fro the original complaint by refere
om
ence.
3. It is the plaintif respons
s
ff's
sibility to pro
osecute this case. Pla
aintiff must keep the
cou informed of any change of address by filing a separ
urt
d
rate paper w the cle headed
with
erk
“No
otice of Cha
ange of Address,” and must com
d
mply with the court's ord
e
ders in a tim
mely
fas
shion. Failu to do so may resul in the dism
ure
o
lt
missal of th action fo failure to prosecute
his
or
pursuant to Federal Rule of Civil Pr
e
rocedure 41
1(b).
IT IS SO ORDER
S
RED.
Da
ated: April 22, 2016
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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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\\CA
ANDOAK\Data\Users\PJHALL\_p
psp\2012\2012_0
01688_Tilei_v_Ca
alifornia_Departm
ment_of_Correct
tions_and_Reha
abilit_(PSP)\12cv-0
01688-PJH-ord.d
docx

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3

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DISTRICT C
COURT
UNITED STATES D

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NORTHER DISTRIC OF CAL
N
RN
CT
LIFORNIA

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PUNAOFO TSUGITO TILEI,
T
T

Case No. 12-cv-016
688-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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CALIFORNIA DEPART
C
A
TMENT OF
CORRECTIO
C
ONS AND
REHABILITA
R
ATION,
Defendant.

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United States District Court
Northern District of California

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I, the undersigned hereby ce
u
d,
ertify that I am an emp
ployee in th Office of the Clerk,
he
f
S.
C
hern Distric of Californ
ct
nia.
U.S District Court, North

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That on April 22, 2016, I SER
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RVED a tru and corre copy(ies) of the att
ue
ect
tached, by

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pla
acing said copy(ies) in a postage paid envelo addres
c
ope
ssed to the person(s) h
hereinafter

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list
ted, by depositing said envelope in the U.S. Mail, or by placing sa copy(ies into an
d
y
aid
s)

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inte
er-office de
elivery receptacle locat in the C
ted
Clerk's office.

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unaofo Tsug Tilei ID: H96960
gito
Pu
P.O Box 4490
O.
Lancaster, CA 93539
A

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Da
ated: April 22, 2016
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Susan Y. So
oong
C
Clerk, United States Dis
d
strict Court

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By
y:________
_________
_________
Nichole Peric Deputy C
c,
Clerk to the
e
Honorable P
PHYLLIS J. HAMILTON
N

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