Taylor v. Ohannesson et al

Filing 22

ORDER DENYING Plaintiff's 13 21 Requests for Court to Screen Complaint signed by Magistrate Judge Stanley A Boone on 1/28/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TRACY TAYLOR,

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CASE NO. 1:11-cv-00538-LJO-SAB (PC)
Plaintiff,

ORDER DENYING PLAINTIFF’S REQUESTS
FOR COURT TO SCREEN COMPLAINT

v.
(ECF Nos. 13 & 21)

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SHAY OHANNESSON, et al.,
Defendants.
/

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Plaintiff Tracy Taylor (“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’s civil action was

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originally filed on March 31, 2011 and a first amended complaint was filed on August 31, 2012. On

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August 13, 2012 and January 24, 2013, Plaintiff filed motions for determination of his case. The

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present motion notes the reassignment of his case was due to a new magistrate judge being appointed

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and requests that his case be screened before the Defendants “retire or transfer.”

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

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government entity or officer or employee of a government entity. 28 U.S.C. § 1915A(a). This

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Court and its staff takes its role serious in complying with statutes and other obligations under the

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United States Constitution and laws of the United States. As Plaintiff’s case is not the only case

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under consideration by the Court and because cases are screened in the order in which they are filed,

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absent good cause, the Court will screen cases in that order and will continue to strive to avoid

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delays whenever possible.

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In essence, Plaintiff seeks in his motions to have his complaint screened before other
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similarly situated plaintiffs who also allege violations of 42 U.S.C. § 1983. I find that Plaintiff’s

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motions do not establish good cause to have his case heard before other similarly situated cases.

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Accordingly,

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Plaintiff’s motions filed August 13, 2012 (ECF No. 13) and January 24, 2013 (ECF No. 21)
are hereby DENIED.

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IT IS SO ORDERED.
Dated:
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January 28, 2013

/s/ Stanley A. Boone
UNITED STATES MAGISTRATE JUDGE

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