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)

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