Bolden v. Arana

Filing 28

ORDER. Signed by Judge Phyllis J. Hamilton on 9/13/18. (Certificate of Service Attached). (kcS, COURT STAFF) (Filed on 9/13/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIE BOLDEN,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-05607-PJH
ORDER

v.
O. ARANA,
Defendant.

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This is a civil rights case brought pro se by a state prisoner under 42 U.S.C. §

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1983. Defendant has filed a motion for summary judgment and plaintiff filed an

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opposition. The court previously stayed discovery and denied plaintiff’s motion to compel

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without prejudice because it was not relevant to the issue raised in the summary

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judgment motion with respect to defendant.

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Plaintiff alleges that defendant Arana searched his cell and confiscated several

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items. Plaintiff stated he would file an administrative grievance if the items were not

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returned and he alleges that defendant responded, “I’ll get you for that.” Plaintiff states

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that he was found not guilty at a disciplinary hearing, but defendant had the verdict

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changed to guilty in retaliation for plaintiff’s grievance.

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Defendant argues that he did not perform any cell search of plaintiff’s cell, does

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not know plaintiff, and was not working in that housing block in the prison for the entire

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month when the incident occurred. Defendant contends that his name was erroneously

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placed in a prison report identifying him as the correctional officer at issue. The prison

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official who prepared the report confirms it was a mistake. However, the prison official

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who prepared the report has failed to identify the appropriate correctional officer, nor has

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def
fendant or prison offic
cials identifie the appr
ed
ropriate cor
rrectional o
officer or iss
sued an

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am
mended report. In his opposition to summary judgment plaintiff ind
o
t
y
t
dicates that if he was
t

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pro
ovided the correct corr
c
rectional off
ficer he wo
ould have am
mended the complaint
e
t.

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After re
eviewing the relevant filings in thiis case and in the mot
f
d
tion for sum
mmary
jud
dgment, it is clear that this is not a situation w
s
where plain chose a correction officer’s
ntiff
nal
s

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name at random to comm
mence this lawsuit. P
Plaintiff relie on the pr
ed
rison report prepared
t

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by prison offic
cials and na
amed the co
orrectional officer who was erron
o
neously iden
ntified in

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e
he
otes that pla
aintiff is proceeding pro se in this action and has
o
d
the report. Th court no

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already attem
mpted to obt
tain this info
ormation bu has been unsucces
ut
n
ssful. It is w settled
well

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tha federal co
at
ourts must construe pro se filings liberally. See Hughe v. Rowe, 449 U.S.
s
es
,

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United States District Court
Northern District of California

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5, 9 (1980); Hearns v. Te
H
erhune, 413 F.3d 1036 1040 (9th Cir. 2005
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6,
5).

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Theref
fore, within twenty-one days of s
service of th order, d
his
defendant shall insure

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tha the correct identity of the correctional offic involved in this inc
at
o
cer
d
cident whos actions
se

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we incorrec assigne to defend
ere
ctly
ed
dant Arana in the priso report (D
on
Docket No. 23 at Ex.

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A4
4-A7) be pro
ovided to pl
laintiff and the court. O
t
Once this in
nformation is provided plaintiff
d,

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will be provide an oppo
ed
ortunity to amend his c
complaint and the cour will rule o the
rt
on

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summary judg
gment motion against defendant Arana. Dis
scovery rem
mains staye for all
ed

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her
e
ectional offi
icer discuss above.
sed
oth issues except for the identity of the corre

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IT IS SO ORDER
S
RED.

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Da
ated: September 13, 20
018

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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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2

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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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WILLIE BOL
W
LDEN,

Case No. 1
17-cv-05607
7-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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O. ARANA,
O
.
Defendant.

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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
strict Court, Northern Di
istrict of Cal
lifornia.
Dis

United States District Court
Northern District of California

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That on September 13, 2018, I SERVED a true and cor
n
rrect copy(ie of the atta
es)
ached, by
pla
acing said co
opy(ies) in a postage paid envelope a
d
addressed to the person(s hereinafte listed, by
s)
er
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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Wi
illie Bolden ID: E-94314
San Quentin St Prison
n
tate
1 Main Street
M
San Quentin, CA 94964
n
C

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Da
ated: Septem
mber 13, 2018
8

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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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