Opinion

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 ROGER TEDI EDWARDS, Case No.: 25-cv-03825-AJB-DDL 13 CDCR #BZ-1566, 14 ORDER: (1) DISMISSING ALL Plaintiff, CLAIMS EXCEPT PLAINTIFF’S 15 v. EXCESSIVE-FORCE CLAIM 16 AGAINST DEFENDANTS MORENO CHULA VISTA POLICE DEPARTMENT; AND MENNA, AND 17 LOWELL MORENO, Chula Vista Police Officer; MICHAEL MENNA, Chula Vista 18 (2) DIRECTING U.S. MARSHAL TO PD Detective, EFFECT SERVICE OF THE 19 Defendants. COMPLAINT AND SUMMONS ON 20 DEFENDANTS MORENO AND MENNA PURSUANT TO 28 U.S.C. 21 § 1915(d) & Fed. R. Civ. P. 4(c)(3) 22 23 24 On April 1, 2026, Plaintiff Roger Tedi Edwards, a state prisoner proceeding pro se, 25 filed a civil rights Complaint under 42 U.S.C. § 1983. (Doc. No. 1.) On May 7, 2026, the 26 Court granted Plaintiff’s request to proceed in forma pauperis, but screened and dismissed 27 his Complaint in part pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b) because while he 28 adequately alleged excessive-force claims against Defendants Moreno and Menna, he 1 failed to allege any other claim upon which § 1983 relief could be granted. (Doc. No. 3.) 2 The Court gave Plaintiff the option to either: (1) notify the Court of his intent to proceed 3 with his excessive-force claims against Defendants Moreno and Menna only; or (2) file a 4 First Amended Complaint that corrected the deficiencies of pleading identified in the 5 Court’s screening Order. (Id. at 10–11.) Plaintiff was instructed that if he decided to 6 proceed only with his excessive-force claims, the Court would issue an Order directing the 7 U.S. Marshal to effect service of the summons and Complaint on Defendants Moreno and 8 Menna but dismiss all remaining claims. (Id. at 11.) 9 On June 22, 2026, Plaintiff filed a Notice of his intent to proceed with his excessive- 10 force claims against Defendants Moreno and Menna only. (Doc. No. 4 at 1.)1 11 Conclusion 12 Accordingly, the Court: 13 1. DISMISSES all claims against Defendant Chula Vista Police Department, 14 DIRECTS the Clerk of Court to terminate the Chula Vista Police Department as a party, 15 and further DISMISSES all claims as alleged in Counts Two and Three in Plaintiff’s 16 Complaint, as set forth in the Court’s May 7, 2026 Order while allowing only excessive- 17 force claims alleged in Count One against Defendants Moreno and Menna to proceed. 18 2. DIRECTS the Clerk to issue a summons as to Plaintiff’s Complaint (Doc. 19 No. 1) for Defendants Moreno and Menna and forward it to Plaintiff along with a copy of 20 the Court’s May 7, 2026 Order Granting Plaintiff’s Motion to Proceed In Forma Pauperis 21 (Doc. No. 3), and two blank U.S. Marshal Form 285s for both these Defendants. The Clerk 22 23 1 In Plaintiff’s Notice of Intent to Proceed, he makes several additional factual allegations or 24 representations. (Doc. No. 4 at 1–2.) The Court advises Plaintiff that to the extent he intends to add new 25 or supplemental claims arising after he filed suit that any additional allegations are not part of Plaintiff’s original pleading and cannot be addressed unless and until he first executes service upon Moreno and 26 Menna and either files, seeks leave to file, or obtains consent of all parties to file an amended or supplemental pleading pursuant to Fed. R. Civ. P. 15(a) or (d). See Pervoe v. Macomber, 27 No. 25-cv-02271-CAB-MMP, 2026 WL 768622, at *3 (S.D. Cal. Mar. 18, 2026) (“Although the pleadings of pro se litigants are liberally construed, attempts to tack on claims and defendants to an original 28 1 will provide Plaintiff with certified copies of his Complaint and the summons so that he 2 may serve these two Defendants. Upon receipt of this “In Forma Pauperis Package,” 3 Plaintiff must complete the USM Form 285s as completely and accurately as possible, 4 include an address where both Defendants Moreno and Menna may be found and/or 5 subject to service pursuant to S.D. Cal. CivLR 4.1(c), and return the forms to the United 6 States Marshal according to the instructions the Clerk provides in the letter accompanying 7 the In Forma Pauperis Package. 8 3. ORDERS the U.S. Marshal to serve a copy of the Complaint and summons 9 upon Defendants Moreno and Menna as directed by Plaintiff on the USM Form 285s 10 provided to him. All costs of that service will be advanced by the United States. See 28 11 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). 12 4. ORDERS Defendants Moreno and Menna, once served, to reply to the 13 surviving excessive-force claims in Count One of Plaintiff’s Complaint, and any 14 subsequent pleading Plaintiff files in this matter in which Defendants are named as parties 15 within the time provided by the applicable provisions of Federal Rules of Civil Procedure 16 12(a) and 15(a)(3). See 42 U.S.C. § 1997e(g)(2) (While defendants may occasionally be 17 permitted to “waive the right to reply to any action brought by a prisoner confined in any 18 jail, prison, or other correctional facility under section 1983,” once the Court has conducted 19 its sua sponte screening, defendants are required to respond.). 20 5. ORDERS Plaintiff, after service, to serve upon Defendants Moreno and 21 Menna, or if appearance has been entered by counsel, upon Defendants’ counsel, a copy of 22 every further pleading, motion, or other document submitted for the Court’s consideration 23 pursuant to Fed. R. Civ. P. 5(b). Plaintiff must include with every original document he 24 seeks to file with the Clerk, a certificate stating the manner in which a true and correct copy 25 of that document has been served on the Defendants or Defendants’ counsel, and the date 26 of that service. See S.D. Cal. CivLR 5.2. Any document received by the Court which has 27 not been properly filed with the Clerk of Court or which fails to include a Certificate of 28 Service upon Defendants or Defendants’ counsel may be disregarded. IT ISSO ORDERED. 2 Dated: July 1, 2026 © ¢ 3 Hon. Anthony J. attaglia 4 United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4