1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6 7 MICHAEL R. FRANCE, No. C 20-4018 WHA (PR) 8 Plaintiff, ORDER OF SERVICE 9 v. 10

RON BLOOMFIELD; ARNOLD;

11 KING; LAJUN, 12 Defendants. / 13 14 INTRODUCTION 15 Plaintiff, a California prisoner proceeding pro se, filed this civil rights case under 42 16 U.S.C. § 1983 against prison officials. The complaint was dismissed with leave to amend. For 17 the reasons discussed below, certain claims are dismissed and the complaint is ordered served 18 on certain defendants to respond to those claims that are, when liberally construed, cognizable. 19 ANALYSIS 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). In its review the court must identify any cognizable claims, and dismiss any claims 24 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 25 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro 26 se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 27 (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 3 upon which it rests."'" Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted). 4 Although in order to state a claim a complaint “does not need detailed factual allegations, . . . a 5 plaintiff's obligation to provide the 'grounds of his 'entitle[ment] to relief' requires more than 6 labels and conclusions, and a formulaic recitation of the elements of a cause of action will not 7 do. . . . Factual allegations must be enough to raise a right to relief above the speculative 8 level." Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A 9 complaint must proffer "enough facts to state a claim for relief that is plausible on its face." Id. 10 at 1974. 11 To state a claim under 42 U.S.C. 1983, a plaintiff must allege two essential elements: 12 (1) that a right secured by the Constitution or laws of the United States was violated, and (2) 13 that the alleged deprivation was committed by a person acting under the color of state law. 14 West v. Atkins, 487 U.S. 42, 48 (1988). 15 B. LEGAL CLAIMS 16 Plaintiff’s claims that defendants Bloomfield, Arnold, King, and Lajun obstructed his 17 access to the courts and were deliberately indifferent to his safety and medical needs are, when 18 liberally construed, cognizable. 19 Plaintiff’s claims regarding improper discipline must be brought in a habeas action 20 because they involve the loss of time credits. See Skinner v. Switzer, 562 U.S. 521, 525 (2011). 21 Plaintiff’s claims that defendants were not authorized to take his personal property does 22 not state a cognizable due process claim. See Parratt v. Taylor, 451 U.S. 527, 535-44 (1981) 23 (state employee negligently lost property), overruled in part on other grounds, Daniels v. 24 Williams, 474 U.S. 327, 330-31 (1986); Hudson v. Palmer, 468 U.S. 517, 533 (1984) (intentional 25 destruction of inmate's property). The availability of an adequate state post-deprivation remedy 26 precludes relief because it provides sufficient procedural due process. Zinermon v. Burch, 494 27 U.S. 113, 128 (1990). California law provides such an adequate post-deprivation remedy. 28 1 Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir. 1994). 2 CONCLUSION 3 For the reasons set out above, 4 1. The claims regarding plaintiff’s access to the courts, and his exposed to and treatment 5 for COVID-19, against defendants Bloomfield, Arnold, King, and Lajun are cognizable. All 6 other claims are DISMISSED. 7 2. Defendants Warden Ron Bloomfield; Captain Arnold; Sergeant King; and Lieutenant 8 Lajun shall be served at San Quentin State Prison. 9 Service shall proceed under the California Department of Corrections and 10 Rehabilitation’s (CDCR) e-service program for civil rights cases from prisoners in CDCR 11 custody. In accordance with the program, the clerk is directed to serve on CDCR via email the 12 following documents: the First Amended Complaint (ECF No. 7), this Order, a CDCR Report of 13 E-Service Waiver form, and a summons. The clerk also shall serve a copy of this order on the 14 plaintiff. 15 No later than 40 days after service of this order via email on CDCR, CDCR shall provide 16 the court a completed CDCR Report of E-Service Waiver advising the court which defendant(s) 17 listed in this order will be waiving service of process without the need for service by the United 18 States Marshal Service (USMS) and which defendant(s) decline to waive service or could not be 19 reached. CDCR also shall provide a copy of the CDCR Report of E-Service Waiver to the 20 California Attorney General’s Office which, within 21 days, shall file with the court a waiver of 21 service of process for the defendant(s) who are waiving service. 22 Upon receipt of the CDCR Report of E-Service Waiver, the clerk shall prepare for each 23 defendant who has not waived service according to the CDCR Report of E-Service Waiver a 24 USM-205 Form. The clerk shall provide to the USMS the completed USM-205 forms and 25 copies of this order, the summons and the operative complaint for service upon each defendant 26 who has not waived service. The clerk also shall provide to the USMS a copy of the CDCR 27 Report of E-Service Waiver. 28 1 3. The remaining defendants shall file an answer in accordance with the Federal Rules of 2 Civil Procedure. 3 4. In order to expedite the resolution of this case: 4 a. No later than 91 days from the date this order is filed, the remaining 5 defendants, including those who have been ordered served above, shall file a motion for 6 summary judgment or other dispositive motion. If defendants are of the opinion that this case 7 cannot be resolved by summary judgment, they shall so inform the court prior to the date the 8 summary judgment motion is due. All papers filed with the court shall be promptly served on 9 the plaintiff. 10 b. Plaintiff's opposition to the dispositive motion, if any, shall be filed with the 11 court and served upon defendants no later than 28 days from the date of service of the motion. 12 Plaintiff must read the attached page headed “NOTICE -- WARNING,” which is provided to 13 him pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc), and Klingele 14 v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). 15 c. Defendants shall file a reply brief no later than 14 days after the date of 16 service of the opposition. 17 d. The motion shall be deemed submitted as of the date the reply brief is due. No 18 hearing will be held on the motion unless the court so orders at a later date. 19 e. Along with his motion, defendants shall file proof that they served plaintiff the 20 Rand warning at the same time they served him with their motion. Failure to do so will result in 21 the summary dismissal of their motion. 22 5. All communications by the plaintiff with the court must be served on defendants, or 23 defendants’ counsel once counsel has been designated, by mailing a true copy of the document to 24 defendants or their counsel. 25 6. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. No 26 further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is required 27 before the parties may conduct discovery. 28 1 Plaintiff is reminded that state prisoners inmates may review all non-confidential material 2 in their medical and central files, pursuant to In re Olson, 37 Cal. App. 3d 783 (Cal. Ct. App. 3 1974); 15 California Code of Regulations § 3370; and the CDCR’s Department Operations 4 Manual §§ 13030.4, 13030.16, 13030.16.1-13030.16.3, 13030.21, and 71010.11.1. Requests to 5 review these files or for copies of materials in them must be made directly to prison officials, not 6 to the court. 7 // 8 // 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 7. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the court 2 informed of any change of address and must comply with the court's orders in a timely fashion. 3 Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to 4 Federal Rule of Civil Procedure 41(b). 5 IT IS SO ORDERED. 6 Dated: March 1 1 , 2021. 7 WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE -- WARNING (SUMMARY JUDGMENT) 2 If defendants move for summary judgment, they are seeking to have your case dismissed. 3 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if 4 granted, end your case. 5 Rule 56 tells you what you must do in order to oppose a motion for summary judgment. 6 Generally, summary judgment must be granted when there is no genuine issue of material 7 fact--that is, if there is no real dispute about any fact that would affect the result of your case, the 8 party who asked for summary judgment is entitled to judgment as a matter of law, which will 9 end your case. When a party you are suing makes a motion for summary judgment that is 10 properly supported by declarations (or other sworn testimony), you cannot simply rely on what 11 your complaint says. Instead, you must set out specific facts in declarations, depositions, answers 12 to interrogatories, or authenticated documents, as provided in [current Rule 56(c)], that 13 contradict the facts shown in the defendant's declarations and documents and show that there is a 14 genuine issue of material fact for trial. If you do not submit your own evidence in opposition, 15 summary judgment, if appropriate, may be entered against you. If summary judgment is granted, 16 your case will be dismissed and there will be no trial. 17 18 19 20 21 22 23 24 25 26 27 28