Rico v. Gonzalez

Summary

The United States District Court for the Eastern District of California screened Johnnie Rico’s pro se civil-rights complaint against police officers Steven Gonzalez and Neay Chhlang. The court found cognizable claims arising from an alleged assault, granted Rico’s application to proceed in forma pauperis, and directed service on Gonzalez and Chhlang. The court did not order service on unidentified Doe defendants but allowed Rico an opportunity to identify them through discovery.

Holdings

1. For purposes of screening, the complaint states cognizable civil-rights claims against defendants Gonzalez and Chhlang.
2. Plaintiff's application to proceed in forma pauperis is granted.
3. Service is appropriate on Steven Gonzalez and Neay Chhlang, and the United States Marshal is directed to serve process without prepayment of costs after plaintiff supplies the required materials.
4. Service cannot be ordered against unidentified Doe defendants until they are identified by name; plaintiff may seek discovery to learn their identities, after which service may be attempted.

Questions Presented

1. Whether plaintiff's complaint states cognizable claims sufficient to proceed past mandatory in forma pauperis screening.
2. Whether the court should grant plaintiff leave to proceed in forma pauperis.
3. Whether service should be directed on the identified defendants and deferred as to unidentified Doe defendants.

Disposition

other