United States District Court, N.D. California
ORDER OF SERVICE; ORDER DIRECTING DEFENDANTS TO FILE
A DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION;
INSTRUCTIONS TO CLERK
C. SPERO Chief Magistrate Judge
alleges in this 42 U.S.C. § 1983 action that his jailors
at CTF Soledad failed to protect him from a violent inmate
and denied him access to the courts.
operative complaint (Dkt. No. 1) states cognizable claims.
Therefore, in response to the operative complaint, defendants
are directed to file a dispositive motion or notice regarding
such motion on or before November 6, 2017. The Court further
directs that defendants adhere to the notice provisions
detailed in Sections 2.a and 10 of the conclusion of this
A.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. 1988).
―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. 1994).
alleges that (1) CTF Soledad prison guards Lopez, Hidalgo,
and C. Liberatore, all working at Lassen Hall at the time of
events, failed to protect him from an inmate who stabbed
plaintiff seven times in the face; and (2) Enrique Galvan, a
prison litigation coordinator at Soledad, and Williams, a
sergeant in the investigative services unit of Soledad,
prevented plaintiff from accessing the courts when he tried
to file the present suit. When liberally construed, these
allegations state cognizable claims for relief.
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. 1),
all attachments thereto, and a copy of this order upon Lopez,
Hidalgo, C. Liberatore, Enrique Galvan, and Williams at CTF
Soledad. The Clerk shall also mail courtesy copies of the
operative complaint and this order to the California Attorney
or before November 6, 2017, defendants shall file a motion
for summary judgment or other dispositive motion with respect
to the claims in the complaint found to be cognizable above.
a. If defendants elect to file a motion to dismiss on the
grounds plaintiff failed to exhaust his available
administrative remedies as required by 42 U.S.C. §
1997e(a), defendants shall do so in a motion for summary
judgment, as ...