Brian Edwards v. California State Prison Los An, et al, No. 10-55463 (9th Cir. 2011)

Annotate this Case

Download PDF

FILED FEB 25 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT BRIAN DARNELL EDWARDS, Plaintiff - Appellant, No. 10-55463 D.C. No. 2:09-cv-02584-GAF-AN v. MEMORANDUM * CALIFORNIA STATE PRISON LOS ANGELES COUNTY; et al., Defendants - Appellees. Appeal from the United States District Court for the Central District of California Gary A. Feess, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Brian Darnell Edwards, a California state prisoner, appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action for failure to serve the complaint. We have jurisdiction under 28 U.S.C. § 1291. The record reflects * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). that the district court failed to screen this case as required by 28 U.S.C. §§ 1915A and 1915(e)(2)(B). We therefore vacate and remand with instructions to screen the complaint. If on remand the district court determines that Edwards claims are sufficient to satisfy the screening requirements, then the court should proceed to order service of process in accordance with 28 U.S.C. § 1915(d) and Federal Rule of Civil Procedure 4(c)(3). Edwards shall bear his own costs on appeal. VACATED and REMANDED. 2 10-55463

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.