Blake v. Santa Clara Department of Correction et al

Northern District of California, cand-4:2015-cv-01239

***DISREGARD, SEE DOCKET NO. 13*** ORDER OF SERVICE Habeas Answer or Dispositive Motion due by 12/31/2015. Signed by Judge Haywood S. Gilliam, Jr. on 10/1/2015. Modified on 10/1/2015

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SHAWNCEY BLAKE, 7 Case No. 15-cv-01239-HSG (PR) Plaintiff, 8 ORDER OF SERVICE v. 9 CAPTAIN HOYT, et al., 10 Defendants. 11 12 Northern District of California United States District Court 13 INTRODUCTION 14 Plaintiff, an inmate at the Santa Clara County Jail, filed this pro se civil rights complaint 15 under 42 U.S.C. § 1983 claiming that he was disciplined in retaliation for pursuing an 16 administrative grievance. The complaint was dismissed with leave to amend, and he filed a timely 17 first amended complaint ("FAC") which is now before the Court for review pursuant to 28 U.S.C. 18 § 1915A. 19 DISCUSSION 20 A. Standard of Review 21 Federal courts must engage in a preliminary screening of cases in which prisoners seek 22 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 23 § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of 24 the complaint, if the complaint "is frivolous, malicious, or fails to state a claim upon which relief 25 may be granted," or "seeks monetary relief from a defendant who is immune from such relief." Id. 26 § 1915A(b). Pro se pleadings must be liberally construed, however. Balistreri v. Pacifica Police 27 Dep't, 901 F.2d 696, 699 (9th Cir. 1990). 28 Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the 1 claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the 2 statement need only "'give the defendant fair notice of what the. . . claim is and the grounds upon 3 which it rests.'" Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted). Although 4 in order to state a claim a complaint "does not need detailed factual allegations, . . . a plaintiff's 5 obligation to provide the grounds of his 'entitle[ment] to relief' requires more than labels and 6 conclusions, and a formulaic recitation of the elements of a cause of action will not do. . . . 7 Factual allegations must be enough to raise a right to relief above the speculative level." Bell 8 Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A complaint 9 must proffer "enough facts to state a claim for relief that is plausible on its face." Id. at 1974. 10 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements: 11 (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that 12 the alleged violation was committed by a person acting under the color of state law. West v. Northern District of California United States District Court 13 Atkins, 487 U.S. 42, 48 (1988). 14 B. Legal Claims 15 Plaintiff alleges in the FAC that he sent an appeal letter to defendant Division Commander 16 Hoyt in an envelope labeled "confidential legal mail." On February 24, 2015, defendant Deputy 17 Hogan charged plaintiff with a major rule infraction for disobeying a prior order not to send 18 grievances via confidential legal mail. Plaintiff appealed the infraction, but his appeal was 19 rejected by defendant Division Commander Hoyt and defendant Chief of Corrections John 20 Hirokawa. Plaintiff claims that by punishing him for filing an administrative grievance, or by 21 acquiescing in this punishment, these defendants violated his right to access the courts and 22 retaliated against him for exercising his First Amendment rights. When liberally construed, these 23 claims are cognizable.1 24 Plaintiff has not cured the deficiencies that were present in his original complaint with 25 respect to suing the Santa Clara County Department of Corrections, an entity of Santa Clara 26 1 27 Plaintiff also mentions disciplinary infractions he received in June 2014 and January 2015. See FAC at 6-7, 13. These incidents are the subject of separate civil actions brought by plaintiff and 28 currently pending in this Court. See Blake v. Gillote, C. 14-3727 HSG (PR) and Blake v. Hoyt, C. 15-0720 HSG (PR). 2 1 County. 2 CONCLUSION 3 For the foregoing reasons, the Court orders as follows: 4 1. The claims against defendant Santa Clara Department of Corrections are DISMISSED. 5 The Clerk shall terminate this entity as a defendant on the court docket. 6 2. The Clerk of the Court shall issue summons and the United States Marshal shall serve, 7 without prepayment of fees, a copy of the FAC (Docket No. 11), and a copy of this order upon 8 Defendants Captain Hoyt, Chief John Hirokawa, and Deputy Hogan, all in the Santa Clara County 9 Sheriff's Department. 10 The Clerk shall also mail a courtesy copy of the FAC and this order to the Santa Clara 11 County Counsel's Office. 12 3. In order to expedite the resolution of this case, the Court orders as follows: Northern District of California United States District Court 13 a. No later than 91 days from the date this Order is filed, defendants must file 14 and serve a motion for summary judgment or other dispositive motion. If defendants are of the 15 opinion that this case cannot be resolved by summary judgment, defendants must so inform the 16 Court prior to the date the motion is due. A motion for summary judgment also must be 17 accompanied by a Rand notice so that plaintiff will have fair, timely, and adequate notice of what 18 is required of him in order to oppose the motion. Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 19 2012) (notice requirement set out in Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998), must be 20 served concurrently with motion for summary judgment). A motion to dismiss for failure to 21 exhaust available administrative remedies similarly must be accompanied by a Wyatt notice. 22 Stratton v. Buck, 697 F.3d 1004, 1008 (9th Cir. 2012). 23 b. Plaintiff's opposition to the summary judgment or other dispositive motion 24 must be filed with the Court and served upon defendants no later than 28 days from the date the 25 motion is filed. Plaintiff must bear in mind the notice and warning regarding summary judgment 26 provided later in this order as he prepares his opposition to any motion for summary judgment. 27 Plaintiff also must bear in mind the notice and warning regarding motions to dismiss for non- 28 exhaustion provided later in this order as he prepares his opposition to any motion to dismiss. 3 1 c. Defendants shall file a reply brief no later than 14 days after the date the 2 opposition is filed. The motion shall be deemed submitted as of the date the reply brief is due. No 3 hearing will be held on the motion. 4 4. Plaintiff is advised that a motion for summary judgment under Rule 56 of the Federal 5 Rules of Civil Procedure will, if granted, end your case. Rule 56 tells you what you must do in 6 order to oppose a motion for summary judgment. Generally, summary judgment must be granted 7 when there is no genuine issue of material fact – that is, if there is no real dispute about any fact 8 that would affect the result of your case, the party who asked for summary judgment is entitled to 9 judgment as a matter of law, which will end your case. When a party you are suing makes a 10 motion for summary judgment that is properly supported by declarations (or other sworn 11 testimony), you cannot simply rely on what your complaint says. Instead, you must set out 12 specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, Northern District of California United States District Court 13 as provided in Rule 56(c), that contradict the facts shown in the defendants' declarations and 14 documents and show that there is a genuine issue of material fact for trial. If you do not submit 15 your own evidence in opposition, summary judgment, if appropriate, may be entered against you. 16 If summary judgment is granted, your case will be dismissed and there will be no trial. Rand v. 17 Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc) (App. A). 18 Plaintiff also is advised that a motion to dismiss for failure to exhaust available 19 administrative remedies under 42 U.S.C. § 1997e(a) will, if granted, end your case, albeit without 20 prejudice. You must "develop a record" and present it in your opposition in order to dispute any 21 "factual record" presented by defendants in their motion to dismiss. Wyatt v. Terhune, 315 F.3d 22 1108, 1120 n.14 (9th Cir. 2003). 23 (The Rand and Wyatt notices above do not excuse defendants' obligation to serve said 24 notices again concurrently with motions to dismiss for failure to exhaust available administrative 25 remedies and motions for summary judgment. Woods, 684 F.3d at 939). 26 5. All communications by plaintiff with the Court must be served on defendants' counsel 27 by mailing a true copy of the document to defendants' counsel. The Court may disregard any 28 document which a party files but fails to send a copy of to his opponent. Until a defendants' 4 1 counsel has been designated, plaintiff may mail a true copy of the document directly to 2 defendants, but once a defendant is represented by counsel, all documents must be mailed to 3 counsel rather than directly to that defendant. 4 6. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. No 5 further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16 is required 6 before the parties may conduct discovery. 7 7. Plaintiff is responsible for prosecuting this case. Plaintiff must promptly keep the Court 8 informed of any change of address and must comply with the Court's orders in a timely fashion. 9 Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to 10 Federal Rule of Civil Procedure 41(b). Plaintiff must file a notice of change of address in every 11 pending case every time he is moved to a new facility. 12 8. Any motion for an extension of time must be filed no later than the deadline sought to Northern District of California United States District Court 13 be extended and must be accompanied by a showing of good cause. 14 9. Plaintiff is cautioned that he must include the case name and case number for this case 15 on any document he submits to the Court for consideration in this case. 16 IT IS SO ORDERED. 17 Dated: 10/1/2015 18 ______________________________________ HAYWOOD S. GILLIAM, JR. 19 United States District Judge 20 21 22 23 24 25 26 27 28 5