Ransom v. Herrera et al

Filing 74

ORDER GRANTING 73 Request for Screening and Setting Deadline for Responsive Pleading signed by Magistrate Judge Erica P. Grosjean on 6/1/2017. (Jessen, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 LEONARD RANSOM, JR., Plaintiff, 10 11 12 v. DANNY HERRERA, et al., Defendants. 13 1:11-cv-01709-LJO-EPG (PC) ORDER GRANTING REQUEST FOR SCREENING AND SETTING DEADLINE FOR RESPONSIVE PLEADING (ECF NOS. 72 & 73) 14 Leonard Ransom, Jr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 15 action filed pursuant to 42 U.S.C. § 1983. On March 28, 2017, Plaintiff’s First Amended 16 Complaint was dismissed with leave to amend. (ECF Nos. 61 & 69). On May 15, 2017, 17 Plaintiff filed his Second Amended Complaint. (ECF No. 72). On May 31, 2017, Defendants 18 filed a request for screening of the Second Amended Complaint. (ECF No. 73). 19 The Court is required to screen complaints in civil actions in which a prisoner seeks 20 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 21 ' 1915A(a). 22 Department of Corrections and Rehabilitation (“CDCR”), violated his constitutional rights. 23 Because Plaintiff is a prisoner and Defendants were employees of the CDCR when the alleged 24 events occurred, the Court is required to screen the complaint. Therefore, the request for the 25 Court to screen Plaintiff’s Second Amended Complaint will be granted. In addition, the Court 26 will extend the deadline for Defendants to file a responsive pleading. Plaintiff=s complaint alleges that Defendants, employees of the California 27 Based on the foregoing, IT IS HEREBY ORDERED that: 28 1. The request for the Court to screen Plaintiff’s Second Amended Complaint is 1 1 2 GRANTED, and the Court shall issue a screening order in due time; and 2. If the Court finds cognizable claims, Defendants have twenty-one days from the 3 date of service of the Court's screening order in which to file a responsive 4 pleading to the Second Amended Complaint. 5 6 7 IT IS SO ORDERED. Dated: June 1, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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