Tolbert v. Colley

Background

Joel Tolbert, a California prisoner proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983 against the Antioch Police Department, Chief Allen Cantando, Officer James Colley, Officer James Perkinson, and the Contra Cost County Detention Health Service (CCCDHS). Summonses for Cantando, Perkinson, and CCCDHS were returned unexecuted. The court noted that the served defendants’ motion to dismiss had been denied on November 11, 2023.

Service on Cantando and Perkinson

Counsel for the served defendants, the Antioch Police Department and Colley, advised the court that counsel was authorized to execute and return waivers of summons under Federal Rule of Civil Procedure 4(d) for Cantando and Perkinson. The court instructed the Clerk to mail the waiver forms to that counsel. The executed forms were due on or before March 5, 2024.

Dismissal of CCCDHS

Under Rule 4(m), a plaintiff generally must serve a defendant within the time specified by the rule. On November 11, 2023, the court had directed Tolbert to provide a current address for CCCDHS by December 29, 2023, warning that failure to do so would result in dismissal of the claims against CCCDHS without prejudice. Tolbert did not provide an address. The court therefore dismissed the claims against CCCDHS under Rule 4(m) without prejudice.

Discovery filing

Tolbert filed a request for production of documents with the court. The court explained that discovery requests are served on other parties and are not filed with the court, and directed Tolbert not to file additional discovery requests with the court.

Summary-judgment schedule

The court ordered the defendants to file a motion for summary judgment by May 6, 2024. A summary-judgment motion asks the court to rule based on the record when there is no genuine dispute over material facts. The court required supporting factual documentation and exhibits containing records and incident reports relating to the events at issue. If the defendants believed the case could not be resolved through summary judgment, they were required to inform the court before the filing deadline.

The defendants also had to serve Tolbert with the notice required for an unrepresented prisoner responding to summary judgment. Tolbert’s opposition, if any, was due June 10, 2024. The defendants’ reply was due 14 days after the opposition. The motion would be submitted when the reply was due, and no hearing would be held unless the court later ordered one.