Perkins v. Crum et al

Filing 9

ORDER DENYING 7 and 8 Plaintiff's Motions Requesting Screening, signed by Magistrate Judge Gerald B. Cohn on 4/22/2011. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LONNIE DONELL PERKINS,

CASE NO.

1:10-cv-01115-GBC (PC)

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Plaintiff,

ORDER DENYING PLAINTIFF’S MOTIONS
REQUESTING SCREENING

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v.
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(ECF Nos. 7 & 8)
R. CRUM, et al.,

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Defendants.
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/
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ORDER

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Plaintiff Lonnie Donell Perkins (“Plaintiff”) is a state prisoner proceeding pro se and

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in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this

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action on June 21, 2010 and consented to Magistrate Judge jurisdiction on July 26, 2010.

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(ECF Nos. 1 & 5.) Plaintiff’s Complaint has not been screened. Pending before the Court

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now are Plaintiff’s Motions for Screening and Demand for Jury Trial, asking the Court to

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screen his complaint. (ECF Nos. 7 & 8.)

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The Court is required to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

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§ 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has

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raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which

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relief may be granted, or that seek monetary relief from a defendant who is immune from

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such relief. 28 U.S.C. § 1915A(b)(1), (2). The Court will direct the United States Marshal

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to serve Plaintiff’s complaint only after the Court has screened the complaint and

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determined that it contains cognizable claims for relief against the named Defendants. The

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Court has a large number of prisoner civil rights cases pending before it and will screen

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Plaintiff’s complaint in due course.

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Accordingly, Plaintiff’s Motions for Screening are DENIED.

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IT IS SO ORDERED.

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Dated:
1j0bbc

April 22, 2011
UNITED STATES MAGISTRATE JUDGE

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