McDaniel v. Chavez et al

Filing 27

ORDER DENYING Motion to Expedite Case 26 , signed by Magistrate Judge Gary S. Austin on 1/14/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT McDANIEL,

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Plaintiff,

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vs.

1:10-cv-01077-LJO-GSA-PC
ORDER DENYING MOTION TO EXPEDITE
CASE
(Doc. 26.)

FRANK X. CHAVEZ, et al.,

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Defendants.

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I.

BACKGROUND

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Robert McDaniel (APlaintiff@) is a former state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this

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action on June 15, 2010. (Doc. 1.) Plaintiff’s Second Amended Complaint, filed on September

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15, 2014, awaits the court’s requisite screening under 28 U.S.C. § 1915A. (Doc. 21.)

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On January 12, 2015, Plaintiff filed a motion for the court to expedite the screening of

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his complaint. (Doc. 26.)

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II.

PLAINTIFF’S MOTION

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Plaintiff requests the court to expedite his case. The court ordinarily screens complaints

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in the order in which they are filed at the court and strives to avoid delays whenever possible.

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However, there are hundreds of prisoner civil rights cases presently pending before the court,

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and delays are inevitable despite the court=s best efforts.
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Plaintiff’s Second Amended

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Complaint will be screened in due time. Therefore, Plaintiff’s motion for expedited screening

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shall be denied.

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III.

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CONCLUSION
Based on the foregoing, Plaintiff’s motion to expedite his case, filed on January 12,

2015, is DENIED.

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IT IS SO ORDERED.
Dated:

January 14, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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