Toth v. Schwarzenegger, et al.

Filing 11

ORDER Denying Motion To Direct Defendants To Answer The Complaint (ECF No. 10 ), signed by Magistrate Judge Michael J. Seng on 7/14/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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R. C. TOTH,
Plaintiff,

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CASE NO. 1:11-cv-0247-MJS (PC)
ORDER DENYING MOTION TO DIRECT
DEFENDANTS TO ANSWER THE
COMPLAINT

v.
GOVERNOR ARNOLD
SCHWARZENEGGER, et al.

(ECF No. 10)

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Defendants.
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/
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Plaintiff R. C. Toth (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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

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jurisdiction by a Magistrate Judge. (ECF No. 5.)

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Plaintiff initiated this action on February 14, 2011. (ECF No. 1.) The Court has yet

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to screen Plaintiff’s Complaint. On November 28, 2011, Plaintiff filed a motion requesting

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that the Court direct the Defendants to answer Plaintiff’s Complaint. (ECF No. 10.)

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Plaintiff’s motion is now before the Court.

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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 employee of a governmental entity.

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1915(A)(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 screens complaints in the order in
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28 U.S.C. §

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which they are filed. However, there are hundreds of prisoner civil rights cases presently

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pending before the Court. Delays are inevitable despite the Court’s best efforts. The Court

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cannot order Defendants to respond until it has screened Plaintiff’s Complaint and, if it

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finds that Plaintiff states any cognizable claims, ordered service on Defendants.
Accordingly, Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.
Dated:
ci4d6

July 14, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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