Tolbert v. Colley

Background

Joel Tolbert, a California prisoner proceeding without an attorney, brought this civil-rights action against the Antioch Police Department, APD Chief Allan Cantando, APD Officers James Colley and James Perkinson, and Contra Costa County Detention Health Service (CCCDHS). The court considered three motions by Tolbert: a request for a 75-day extension to oppose the served defendants’ motion for summary judgment, a request to order service on CCCDHS, and a motion to compel discovery.

Extension of time

The court found good cause for additional time but concluded that 60 days would be sufficient. It therefore granted in part Tolbert’s request for an extension. His opposition to the existing defendants’ summary-judgment motion was due on or before August 9, 2024, and those defendants’ reply was due on or before August 23, 2024.

Service on CCCDHS

In an earlier service order, the court determined that Tolbert had stated a claim against CCCDHS that could be decided by a court. The court later dismissed the claim under Federal Rule of Civil Procedure 4(m) without prejudice because more than 120 days had passed and Tolbert had not provided an address for service or served CCCDHS himself. After Tolbert submitted an address, the court vacated that dismissal and ordered service.

The Clerk was directed to issue a summons, and the United States Marshal was directed to serve CCCDHS, without prepayment of fees, with the summons, complaint and attachments, and this order. CCCDHS was ordered to file an answer under the Federal Rules of Civil Procedure.

Future case deadlines

To expedite the case, the court ordered CCCDHS to file a motion for summary judgment or another dispositive motion by August 30, 2024, unless it informed the court that summary judgment could not resolve the case. The motion was required to comply with Federal Rule of Civil Procedure 56 and include relevant records and incident reports. CCCDHS also had to provide the required notice explaining summary-judgment procedures to a self-represented prisoner.

Tolbert’s opposition, if any, was due 28 days after the motion was filed, and CCCDHS’s reply was due 14 days after the opposition. The motion would be submitted on the reply deadline unless the court later ordered a hearing.

Motion to compel

The court ordered the served defendants—Colley, Perkinson, Cantando, and the Antioch Police Department—to show cause by June 12, 2024, why Tolbert’s motion to compel discovery should not be granted.

Disposition and effect

Judge Jacquelyn Scott Corley granted in part the extension request, vacated the prior dismissal of CCCDHS, ordered service on CCCDHS, set deadlines for CCCDHS’s participation, and ordered the served defendants to respond to the motion to compel. The order did not resolve the merits of Tolbert’s civil-rights claims or the existing defendants’ summary-judgment motion.