United States District Court, N.D. California
ROBERT M. COATS, Plaintiff,
J. DE ANZO, et al., Defendants.
ORDER OF SERVICE; ORDER DIRECTING DEFENDANTS TO FILE
A DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION;
INSTRUCTIONS TO CLERK
C. SPERO Chief Magistrate Judge
a California state prisoner proceeding pro se, filed this
federal civil rights action under 42 U.S.C. § 1983 in
which he alleges that prison guards at Salinas Valley State
Prison violated his Eighth Amendment rights when they used
excessive force on him.
first amended complaint states cognizable Eighth Amendment
claims. Therefore, in response to the operative complaint
(Dkt. No. 9), defendants are directed to file a dispositive
motion or notice regarding such motion on or before August 7,
2017. The Court further directs that defendants adhere to the
notice provisions detailed in Sections 2.a and 10 of the
conclusion of this order.
Standard of Review
initial review of this pro se complaint, this Court must
dismiss any claim that is frivolous or malicious, or fails to
state a claim on which relief may be granted, or seeks
monetary relief against a defendant who is immune from such
relief. See 28 U.S.C. § 1915(e). Pro se
pleadings must be liberally construed. See Balistreri v.
Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir.
“complaint must contain sufficient factual matter,
accepted as true, to ‘state a claim to relief that is
plausible on its face.'” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)).
“A claim has facial plausibility when the plaintiff
pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged.” Id. (quoting
Twombly, 550 U.S. at 556). Furthermore, a court
“is not required to accept legal conclusions cast in
the form of factual allegations if those conclusions cannot
reasonably be drawn from the facts alleged.” Clegg
v. Cult Awareness Network, 18 F.3d 752, 754-55 (9th Cir.
alleges that Salinas Valley State Prison correctional
officers J. De Anzo and M. Hernandez used excessive force
against him in May 19, 2015. When liberally construed,
plaintiff has stated cognizable claims under the Eighth
foregoing reasons, the Court orders as follows:
Clerk of the Court shall issue summons and a Magistrate Judge
jurisdiction consent form and the United States Marshal shall
serve these forms, without prepayment of fees, along with a
copy of the operative complaint in this matter (Dkt. No. 9),
all attachments thereto, and a copy of this order upon J. De
Anzo and M. Hernandez, both prison guards at Salinas Valley
State Prison. The Clerk shall also mail courtesy copies of
the operative complaint and this order to the California
Attorney General's Office.
or before August 7, 2017, defendants shall file a motion for
summary judgment or other dispositive motion with respect to