Washington v. Salinas Valley State Prison

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 TRACYE BENARD WASHINGTON, 11 Case No. 22-cv-05831 BLF (PR) Plaintiff, 12 ORDER GRANTING MOTION TO SUBSTITUTE DEFENDANT; OF 13 v. SERVICE ON DEFENDANT RUIZ; DIRECTING DEFENDANTS TO 14 FILE DISPOSITIVE MOTION OR NOTICE REGARDING SUCH SALINAS VALLEY STATE PRISON, 15 MOTION; INSTRUCTIONS TO et al., CLERK 16 Defendants. 17 (Docket No. 41) 18 19 Plaintiff, a California inmate, filed the instant pro se civil rights action pursuant to 20 42 U.S.C. § 1983 against prison and medical officials at Salinas Valley State Prison 21 (“SVSP”) where he is currently incarcerated. Dkt. No. 1. This matter is proceeding on the 22 following cognizable claims: (1) excessive force claims against Defendants Guijarro and 23 John Doe No. 3 (lieutenant); (2) deliberate indifference to serious medical needs against 24 Defendants Serrato, and John Does Nos. 1, 2, 4, 5, 7, and 8; and (3) supervisor liability 25 claim against Defendant Sgt. John Doe No. 6. Dkt. No. 8 at 15. Plaintiff was ordered to 26 identify the name of John Doe No. 3 through discovery or face dismissal of the claim 27 against this Doe Defendant. Dkt. No. 14 at 5. 1 provided by the Defendants’ counsel. Dkt. No. 41. The motion is GRANTED. All 2 references to “John Doe No. 3” throughout the complaint shall be substituted with 3 Defendant J. Ruiz’s name. 4 The Court orders service of this matter on Defendant Ruiz as set forth below. 5 Briefing shall proceed in accordance with the schedule set forth below. Defendant 6 Guijarro’s summary judgment motion shall be filed in the same time set forth below. 7 8 CONCLUSION 9 For the foregoing reasons, the Court orders as follows: 10 1. The following Defendant shall be served at Salinas Valley State Prison: 11 a. J. Ruiz (Lieutenant) 12 Service on the listed defendant(s) shall proceed under the California Department of 13 Corrections and Rehabilitation’s (CDCR) e-service program for civil rights cases from 14 prisoners in CDCR custody. In accordance with the program, the clerk is directed to serve 15 on CDCR via email the following documents: the operative complaint and any attachments 16 thereto, Dkt. No. 1, the Court’s initial screening order and order of service, (Dkt. Nos. 8, 17 14), this order of service, and a CDCR Report of E-Service Waiver form. The clerk also 18 shall serve a copy of this order on the plaintiff. 19 No later than 40 days after service of this order via email on CDCR, CDCR shall 20 provide the court a completed CDCR Report of E-Service Waiver advising the court which 21 defendant(s) listed in this order will be waiving service of process without the need for 22 service by the United States Marshal Service (USMS) and which defendant(s) decline to 23 waive service or could not be reached. CDCR also shall provide a copy of the CDCR 24 Report of E-Service Waiver to the California Attorney General’s Office which, within 21 25 days, shall file with the court a waiver of service of process for the defendant(s) who are 26 waiving service. 1 each defendant who has not waived service according to the CDCR Report of E-Service 2 Waiver a USM-205 Form. The clerk shall provide to the USMS the completed USM-205 3 forms and copies of this order, the summons and the operative complaint for service upon 4 each defendant who has not waived service. The clerk also shall provide to the USMS a 5 copy of the CDCR Report of E-Service Waiver. 6 2. No later than ninety-one (91) days from the date this order is filed, 7 Defendants Guijarro and Ruiz shall file a motion for summary judgment or other 8 dispositive motion with respect to the claims in the complaint found to be cognizable. 9 a. Any motion for summary judgment shall be supported by adequate 10 factual documentation and shall conform in all respects to Rule 56 of the Federal Rules of 11 Civil Procedure. Defendants are advised that summary judgment cannot be granted, nor 12 qualified immunity found, if material facts are in dispute. If any Defendant is of the 13 opinion that this case cannot be resolved by summary judgment, he shall so inform the 14 Court prior to the date the summary judgment motion is due. 15 b. In the event Defendants file a motion for summary judgment, the 16 Ninth Circuit has held that Plaintiff must be concurrently provided the appropriate 17 warnings under Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (en banc). See 18 Woods v. Carey, 684 F.3d 934, 940 (9th Cir. 2012). 19 3. Plaintiff’s opposition to the dispositive motion shall be filed with the Court 20 and served on Defendants no later than twenty-eight (28) days from the date Defendants’ 21 motion is filed. 22 Plaintiff is also advised to read Rule 56 of the Federal Rules of Civil Procedure and 23 Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (holding party opposing summary judgment 24 must come forward with evidence showing triable issues of material fact on every essential 25 element of his claim). Plaintiff is cautioned that failure to file an opposition to 26 Defendants’ motion for summary judgment may be deemed to be a consent by Plaintiff to 1 || Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (per curiam); Brydges v. Lewis, 18 2 || F.3d 651, 653 (9th Cir. 1994). 3 4, Defendants shall file a reply brief no later than fourteen (14) days after 4 || Plaintiff's opposition is filed. 5 5. The motion shall be deemed submitted as of the date the reply brief is due. 6 || No hearing will be held on the motion unless the Court so orders at a later date. 7 6. All communications by the Plaintiff with the Court must be served on 8 || Defendants, or Defendants’ counsel once counsel has been designated, by mailing a true 9 || copy of the document to Defendants or Defendants’ counsel. 10 7. Discovery may be taken in accordance with the Federal Rules of Civil 11 || Procedure. No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local 2 Rule 16-1 is required before the parties may conduct discovery. E 13 8. It is Plaintiff's responsibility to prosecute this case. Plaintiff must keep the S 14 || court informed of any change of address and must comply with the court’s orders in a 3 15 || timely fashion. Failure to do so may result in the dismissal of this action for failure to 16 || prosecute pursuant to Federal Rule of Civil Procedure 41(b). 5 17 9. Extensions of time must be filed no later than the deadline sought to be 5 18 || extended and must be accompanied by a showing of good cause. 19 This order terminates Docket No. 41. 20 IT ISSO ORDERED. 21 || Dated: July 26,2024 __ hacnan BETH LABSON FREEMAN 22 United States District Judge 23 24 25. || pRo-SEIBLECR 2203831 Washington. sve Ruiz 26 27