1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 LACEDRIC WILLIAMS JOHNSON, Case No. 5:25-cv-00795 EJD (PR)

7 Plaintiff, ORDER OF SERVICE; DIRECTING DEFENDANT TO FILE 8 v. DISPOSITIVE MOTION OR NOTICE REGARDING SUCH 9 TODAN ASCENCIO, MOTION; INSTRUCTIONS TO CLERK 10 Defendant.

11 12 Plaintiff, a state prisoner, filed the instant pro se civil rights action pursuant to 42

against an officer at the San Quentin Rehabilitation Center (“SQRC”), 14 where he is currently incarcerated. Dkt. No. 1. Plaintiff’s amended complaint (Dkt. No. 5) 15 is the operative complaint in this action. Dkt. No. 6. Plaintiff’s motion for leave to 16 proceed in forma pauperis will be addressed in a separate order. 17 DISCUSSION 18 A. Standard of Review 19 A federal court must conduct a preliminary screening in any case in which a 20 prisoner seeks redress from a governmental entity or officer or employee of a 21 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any 22 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 23 upon which relief may be granted or seek monetary relief from a defendant who is immune 24 from such relief. See id. § 1915A(b)(1), (2). Pro se pleadings must, however, be liberally 25 construed. See Balistreri v. Pacifica Police Dep’t,

(9th Cir. 1988). 26 To state a claim under

, a plaintiff must allege two essential 27 elements: (1) that a right secured by the Constitution or laws of the United States was 1 color of state law. See West v. Atkins,

(1988). 2 B. Plaintiff’s Claims 3 Plaintiff names only one defendant: Todan Ascencio, an Investigative Security Unit 4 officer at SQRC. Dkt No. 5 at 2. Plaintiff claims Defendant Ascencio violated his First 5 Amendment right against retaliation for filing grievances and lawsuits against Defendant 6 by personally singling out Plaintiff for a cell search on December 18, 2024, and damaging 7 his property. Id. at 4. He also claims the cell searches violated California Code of 8 Regulations, Title 15 § 3287(2), regarding inspections. Id. Plaintiff further claims that the 9 excessive searches amounted to harassment in violation of the Eighth Amendment. Id. at 10 7. Lastly, Plaintiff claims Defendant’s actions violated California Civil Code § 52.1. Id. at 11 8. Plaintiff seeks damages. Id. at 9. The amended complaint states cognizable claims for 12 retaliation and a violation of Plaintiff’s Eighth Amendment rights. The Court will also 13 exercise supplemental jurisdiction over the related state law claim. 14 CONCLUSION 15 For the foregoing reasons, the Court orders as follows: 16 1. Defendant Correctional Officer Todan Ascencio shall be served at SQRC. 17 Service on the listed defendant(s) shall proceed under the California Department of 18 Corrections and Rehabilitation’s (CDCR) e-service program for civil rights cases from 19 prisoners in CDCR custody. In accordance with the program, the clerk is directed to serve 20 on CDCR via email the following documents: the operative complaint and any attachments 21 thereto, (Dkt. No. 5), this order of service, a CDCR Report of E-Service Waiver form. The 22 clerk also shall serve a copy of this order on the plaintiff. 23 No later than 40 days after service of this order via email on CDCR, CDCR shall 24 provide the court a completed CDCR Report of E-Service Waiver advising the court which 25 defendant(s) listed in this order will be waiving service of process without the need for 26 service by the United States Marshal Service (USMS) and which defendant(s) decline to 27 waive service or could not be reached. CDCR also shall provide a copy of the CDCR 1 days, shall file with the court a waiver of service of process for the defendant(s) who are 2 waiving service. 3 Upon receipt of the CDCR Report of E-Service Waiver, the clerk shall prepare for 4 each defendant who has not waived service according to the CDCR Report of E-Service 5 Waiver a USM-205 Form. The clerk shall provide to the USMS the completed USM-205 6 forms and copies of this order, the summons and the operative complaint for service upon 7 each defendant who has not waived service. The clerk also shall provide to the USMS a 8 copy of the CDCR Report of E-Service Waiver. 9 2. No later than ninety-one (91) days from the date this order is filed, 10 Defendants shall file a motion for summary judgment or other dispositive motion with 11 respect to the claims in the complaint found to be cognizable above. 12 a. Any motion for summary judgment shall be supported by adequate 13 factual documentation and shall conform in all respects to Rule 56 of the Federal Rules of 14 Civil Procedure. Defendants are advised that summary judgment cannot be granted, nor 15 qualified immunity found, if material facts are in dispute. If any Defendant is of the 16 opinion that this case cannot be resolved by summary judgment, he shall so inform the 17 Court prior to the date the summary judgment motion is due. 18 b. In the event Defendants file a motion for summary judgment, the 19 Ninth Circuit has held that Plaintiff must be concurrently provided the appropriate 20 warnings under Rand v. Rowland,

(9th Cir. 1998) (en banc). See 21 Woods v. Carey,

(9th Cir. 2012). 22 3. Plaintiff’s opposition to the dispositive motion shall be filed with the Court 23 and served on Defendants no later than twenty-eight (28) days from the date Defendants’ 24 motion is filed. 25 Plaintiff is also advised to read Rule 56 of the Federal Rules of Civil Procedure and 26 Celotex Corp. v. Catrett,

(1986) (holding party opposing summary judgment 27 must come forward with evidence showing triable issues of material fact on every essential 1 || Defendants’ motion for summary judgment may be deemed to be a consent by Plaintiff to 2 || the granting of the motion, and granting of judgment against Plaintiff without a trial. See 3 || Ghazali v. Moran,

(9th Cir. 1995) (per curiam); Brydges v. Lewis, 18 4 || F.3d 651, 653 (9th Cir. 1994). 5 4. Defendants shall file a reply brief no later than fourteen (14) days after 6 || Plaintiff's opposition is filed. 7 5. The motion shall be deemed submitted as of the date the reply brief is due. 8 || No hearing will be held on the motion unless the Court so orders at a later date. 9 6. All communications by the Plaintiff with the Court must be served on 10 || Defendants, or Defendants’ counsel once counsel has been designated, by mailing a true 11 || copy of the document to Defendants or Defendants’ counsel. 7. Discovery may be taken in accordance with the Federal Rules of Civil 13. || Procedure. No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local S 14 || Rule 16-1 1s required before the parties may conduct discovery. 15 8. It is Plaintiff's responsibility to prosecute this case. Plaintiff must keep the a 16 || court informed of any change of address and must comply with the court’s orders in a

17 || timely fashion. Failure to do so may result in the dismissal of this action for failure to 18 prosecute pursuant to Federal Rule of Civil Procedure 41(b). 19 9. Extensions of time must be filed no later than the deadline sought to be 20 || extended and must be accompanied by a showing of good cause. 21 IT IS SO ORDERED. 22 || Dated: August 21, 2025 73 EDWARD J. DAVILA United States District Judge 24 25 26 27 28