1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBERT EDWARD MAURY, Case No. 25-cv-00430-JSW

8 Plaintiff, ORDER OF SERVICE v. 9

10 STEPHEN SMITH, et al., Defendants. 11

12 INTRODUCTION 13 Plaintiff, a California prisoner proceeding pro se, filed this civil rights case under 42

against officials at Pelican Valley State Prison. Leave to proceed in forma 15 pauperis is granted in a separate order. For the reasons discussed below, the complaint is ordered 16 served on two Defendants. 17 ANALYSIS 18 A. STANDARD OF REVIEW 19 Federal courts must engage in a preliminary screening of cases in which prisoners seek 20 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 21 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims 22 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 23 monetary relief from a defendant who is immune from such relief.

at 1915A(b)(1),(2). Pro se 24 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't,

(9th 25 Cir. 1990). 26 Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the 27 claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the 1 which it rests."'" Erickson v. Pardus,

(2007) (citations omitted). Although 2 in order to state a claim a complaint “does not need detailed factual allegations, . . . a plaintiff's 3 obligation to provide the 'grounds of his 'entitle[ment] to relief' requires more than labels and 4 conclusions, and a formulaic recitation of the elements of a cause of action will not do. . . . 5 Factual allegations must be enough to raise a right to relief above the speculative level." Bell 6 Atlantic Corp. v. Twombly,

(2007) (citations omitted). A complaint 7 must proffer "enough facts to state a claim for relief that is plausible on its face."

. 8 To state a claim under

, a plaintiff must allege two essential elements: (1) 9 that a right secured by the Constitution or laws of the United States was violated, and (2) that the 10 alleged deprivation was committed by a person acting under the color of state law. West v. Atkins, 11

(1988). 12 B. LEGAL CLAIMS 13 When liberally construed, Plaintiff’s allegations state cognizable claims against Defendants 14 Smith and Vaughn for violating his constitutional right to receive confidential legal mail. 15 CONCLUSION For the reasons set out above, 16 1. Defendants Warden Smith and Mailroom Supervisor Vaughn shall be served at Pelican 17 Bay State Prison. Service shall proceed under the California Department of Corrections and 18 Rehabilitation’s (CDCR) e-service program for civil rights cases from prisoners in CDCR custody. 19 In accordance with the program, the Clerk is directed to serve on CDCR via email the following 20 documents: the Complaint, this Order, a CDCR Report of E-Service Waiver form, and a 21 summons. The Clerk also shall serve a copy of this order on Plaintiff. 22 No later than 40 days after service of this order via email on CDCR, CDCR shall provide 23 the court a completed CDCR Report of E-Service Waiver advising the court which defendant(s) 24 listed in this order will be waiving service of process without the need for service by the United 25 States Marshal Service (USMS) and which defendant(s) decline to waive service or could not be 26 reached. CDCR also shall provide a copy of the CDCR Report of E-Service Waiver to the 27 California Attorney General’s Office which, within 21 days, shall file with the court a waiver of 1 service of process for the defendant(s) who are waiving service. 2 Upon receipt of the CDCR Report of E-Service Waiver, the clerk shall prepare for each 3 defendant who has not waived service according to the CDCR Report of E-Service Waiver a 4 USM-205 Form. The clerk shall provide to the USMS the completed USM-205 forms and copies 5 of this order, the summons, and the operative complaint for service upon each defendant who has 6 not waived service. The clerk also shall provide to the USMS a copy of the CDCR Report of E- 7 Service Waiver. 8 2. The Defendants shall file an answer in accordance with the Federal Rules of Civil 9 Procedure. 10 3. In order to expedite the resolution of this case: 11 a. No later than April 28, 2025, Defendants shall file a motion for summary 12 judgment or other dispositive motion. If Defendants are of the opinion that this case cannot be 13 resolved by summary judgment, they shall so inform the court prior to the date the summary 14 judgment motion is due. All papers filed with the court shall be promptly served on the plaintiff. 15 b. Plaintiff's opposition to the dispositive motion, if any, shall be filed with the 16 court and served upon defendants no later than May 26, 2025. Plaintiff must read the attached 17 page headed “NOTICE -- WARNING,” which is provided to him pursuant to Rand v. Rowland, 18

(9th Cir. 1998) (en banc), and Klingele v. Eikenberry,

, 411- 19 12 (9th Cir. 1988). 20 c. Defendants shall file a reply brief no later than June 9, 2025. 21 d. The motion shall be deemed submitted as of the date the reply brief is due. No 22 hearing will be held on the motion unless the court so orders at a later date. 23 e. Along with his motion, defendants shall file proof that they served plaintiff the 24 Rand warning at the same time they served him with their motion. Failure to do so will result in 25 the summary dismissal of their motion. 26 4. All communications by the plaintiff with the court must be served on defendants, or 27 defendants’ counsel once counsel has been designated, by mailing a true copy of the document to ] 5. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. No 2 || further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is required 3 || before the parties may conduct discovery. 4 Plaintiff is reminded that state prisoners inmates may review all non-confidential material 5 in their medical and central files, pursuant to Jn re Olson,

(Cal. Ct. App. 6 1974); 15 California Code of Regulations § 3370; and the CDCR’s Department Operations 7 Manual §§ 13030.4, 13030.16, 13030.16.1-13030.16.3, 13030.21, and 71010.11.1. Requests to 8 || review these files or for copies of materials in them must be made directly to prison officials, not 9 || to the court. 10 6. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the court 11 informed of any change of address and must comply with the court's orders in a timely fashion. 12 || Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to E 13 Federal Rule of Civil Procedure 41(b). IT IS SO ORDERED. _ 3 15 || Dated: January 22, 2025 / / 16 YF ; / □□ 7 JEFRREY S.WHITE M // Statyf District Judge Z 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 fact-- 7 that is, if there is no real dispute about any fact that would affect the result of your case, the party 8 who asked for summary judgment is entitled to judgment as a matter of law, which will end your 9 case. When a party you are suing makes a motion for summary judgment that is properly 10 supported by declarations (or other sworn testimony), you cannot simply rely on what your 11 complaint says. Instead, you must set out specific facts in declarations, depositions, answers to 12 interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts 13 shown in Defendant's declarations and documents and show that there is a genuine issue of 14 material fact for trial. If you do not submit your own evidence in opposition, summary judgment, 15 if appropriate, may be entered against you. If summary judgment is granted, your case will be 16 dismissed and there will be no trial. 17 18 19 20 21 22 23 24 25 26 27