Gonzales v. City of San Jose, Police Dept. et al

Filing 20

ORDER re 19 MOTION for Summary Judgment filed by Welch Ryan, Le Vos, Asuelo Brian Anthony. Response due by 5/15/2017. Signed by Judge Phyllis J. Hamilton on 4/5/17. (Certificate of Service Attached) (kcS, COURT STAFF) (Filed on 4/5/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ISAURO GONZALES,
Plaintiff,

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Case No. 16-cv-04184-PJH
ORDER

v.
LE VOS, et al.,
Defendants.

United States District Court
Northern District of California

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This is a civil rights case brought pro se by a detainee. The court previously

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denied plaintiff’s motion to appoint counsel and plaintiff then filed a letter stating that he

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does not know what to do and needs advice on how to proceed. Defendants have since

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filed a motion for summary judgment and plaintiff has not filed an opposition. The court

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cannot provide legal advice and as noted in the prior order, plaintiff has presented his

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claims adequately and the issues are not complex, therefore he has not shown

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exceptional circumstances to warrant the appointment of counsel. Moreover, after

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reviewing defendants’ motion for summary judgment, plaintiff does not appear likely to

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succeed on the merits. While plaintiff states he is on “psych meds”, he has not provided

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sufficient information to demonstrate his inability to proceed with this action. The court

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does not assume that any individual with mental health problems or using psychotropic

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medication is incompetent and unable to litigate a case.

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Plaintiff will be provided an extension to file an opposition. Failure to file an

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opposition may result in dismissal of this action. The court also notes that defendants’

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motion for summary judgment does not contain a Rand notice to plaintiff. Defendants

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shall serve plaintiff with another copy of the motion for summary judgment and the

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required notices.

USION
CONCLU

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1. Plaintiff shall fi an opposition to the motion for summary judgment b May 15,
ile
e
by
e
o
m
al
tion.
2017. Failure to file an opposition may result in dismissa of this act
2. Def
fendants sh provide plaintiff an additional copy of the summary judgment
hall
e

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mo
otion and al serve, on a separa paper, th appropr
lso
o
ate
he
riate notice or notices required by
y

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Ra v. Rowl
and
land, 154 F.3d 952, 95
F
53-954 (9th Cir. 1998) (en banc), and Wyatt v.
h
t

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Te
erhune, 315 F.3d 1108 1120 n. 4 (9th Cir. 20
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8,
003). See Woods v. C
Carey, 684 F.3d 934,

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940-941 (9th Cir. 2012) (Rand and Wyatt notic must be given at t time mo
ces
e
the
otion for

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summary judg
gment or motion to dis
m
smiss for no
onexhaustio is filed, n earlier); Rand at
on
not
;

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United States District Court
Northern District of California

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960 (separate paper requirement).
e
3. Def
fendants must provide notice to th court tha the appro
e
he
at
opriate noti
ices have
been served on plaintiff.
o
IT IS SO ORDER
S
RED.
Da
ated: April 5, 2017
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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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\\can
ndoak.cand.circ9
9.dcn\data\users\PJHALL\_psp\2
2016\2016_04184
4_Gonzales_v_C
City_of_San_Jos
se_Police_Dept_
_(PSP)\16-cv04184-PJH-ord.docx
x

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UNITED STATES D
D
DISTRICT C
COURT

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NORTHER DISTRIC OF CALI
RN
CT
IFORNIA

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IS
SAURO GON
NZALES,

Case No. 1
16-cv-04184
4-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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LE VOS, et al
E
l.,
s.
Defendants

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United States District Court
Northern District of California

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I, the un
ndersigned, hereby certify that I am an employe in the Offi of the Clerk, U.S.
ee
ice
Dis
strict Court, Northern Di
istrict of Cal
lifornia.

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That on April 5, 2017, I SERVE a true an correct co
n
ED
nd
opy(ies) of th attached, by placing
he
said copy(ies) in a postage paid envelo addressed to the pers
i
ope
d
son(s) herein
nafter listed, by
dep
positing said envelope in the U.S. Mail, or by pla
d
n
M
acing said co
opy(ies) into an inter-off delivery
o
ffice
y
rec
ceptacle loca in the Cl
ated
lerk's office.
.

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auro Gonzales ID: AYA
A300/150540
037
Isa
County Jail
701 South Able Street
1
e
Mi
ilpitas, CA 95035
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Da
ated: April 5, 2017
,

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usan Y. Soon
ng
Su
Cl
lerk, United States Distr Court
d
rict

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By
y:_________
___________
_______
K
Kelly Collins, Deputy Cle to the
,
erk
H
Honorable PH
HYLLIS J. H
HAMILTON
N
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