Puckett v. Corcoran Prison - CDCR, et al.

Filing 8

ORDER signed by Magistrate Judge Gerald B. Cohn on 9/22/2011 denying 7 Notice and request for screening of complaint and granting extension of time to file responsive pleading. (Filing Deadline: 10/25/2011). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DURRELL ANTHONY PUCKETT,
Plaintiff,

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CASE NO. 1:11-cv-01565-LJO-GBC (PC)
ORDER DENYING REQUEST FOR COURT
TO SCREEN PLAINTIFF’S COMPLAINT

v.
(ECF No. 7)

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CORCORAN PRISON, et al.,
Defendants.

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ORDER GRANTING EXTENSION OF TIME
FOR DEFENDANTS’ RESPONSIVE
/ PLEADING

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ORDER

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Plaintiff Durrell Anthony Puckett (“Plaintiff”) is a state prisoner proceeding pro se in

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

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Kings County Superior Court as case No. 11C0238 on June 14, 2011. (ECF No. 1.)

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Defendants removed this action on September 13, 2011. (Id.) On September 20, 2011,

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Defendants filed a request seeking to have the complaint screened and to be allowed thirty

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days from the date of the screening order to respond to the complaint. (ECF No. 7.)

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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 screens complaints in the order in which they are filed and strives

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to avoid delays whenever possible. However, there are hundreds of prisoner civil rights

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cases presently pending before the court, and delays are inevitable despite the Court’s

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best efforts. Thus, Defendants’ request to have the complaint screened immediately is

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DENIED.
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The Court will grant Defendants’ request that they be relieved from the obligation

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to file a responsive pleading until thirty days after the complaint is screened.

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Defendants’ request is HEREBY GRANTED IN PART, and Defendants shall have

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thirty (30) days to file a response to the complaint, to commence upon issuance of the

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screening order.

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IT IS SO ORDERED.

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Dated:
1j0bbc

September 22, 2011
UNITED STATES MAGISTRATE JUDGE

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