Johnson v. Hicks et al

Filing 15

ORDER ADDRESSING 13 , 14 Request to Proceed With Excess Pages in First Amended Complaint signed by Magistrate Judge Gary S. Austin on 9/15/2013. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TIMOTHY JOHNSON,

12

Plaintiff,

13

vs.

14

1:11-cv-02162-GSA-PC
ORDER ADDRESSING REQUEST TO
PROCEED WITH EXCESS PAGES IN
FIRST AMENDED COMPLAINT
(Docs. 13, 14.)

HICKS, et al.,

15

Defendants.

16
17

I.

18

BACKGROUND
Timothy Johnson ("Plaintiff") is a state prisoner proceeding pro se and in forma

19

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

20

commencing this action on December 30, 2011. (Doc. 1.) On July 11, 2013, Plaintiff filed the

21

First Amended Complaint, which awaits the court’s requisite screening. (Doc. 12.)

22

On July 11, 2013, Plaintiff filed a request for leave to proceed with an excess number of

23

pages in the First Amended Complaint. (Docs. 13, 14.)

24

II.

LEAVE TO PROCEED WITH EXCESS PAGES IN COMPLAINT

25

Plaintiff requests leave to proceed with an excess number of pages in the Complaint.

26

Plaintiff argues that “[t]here simply was no other way to adequately cover the information in

27

this case in sufficient detain in order to State a Claim, thereby placing Defendants on full notice

28

of the allegations in the case for them to Answer for.” (Motion, Doc. 13 at 3.)
1

Plaintiff’s First Amended Complaint (ACP) contains 58 pages, including 7 pages of

1
2

exhibits. At this stage of the proceedings, Plaintiff’s ACP awaits the court’s required screening

3

pursuant to 28 U.S.C. § 1915A. The number of pages in Plaintiff’s ACP shall be taken into

4

consideration when the ACP is screened, depending on the nature of the ACP and other factors.

5

The court will screen the ACP and issue a screening order in due time.

6

III.

Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s request to proceed

7
8

CONCLUSION

with excess pages, filed on July 11, 2013, has been addressed by this order.

9
10
11
12

IT IS SO ORDERED.
Dated:

13
14
15

September 15, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

6i0kij8d

16
17
18
19
20
21
22
23
24
25
26
27
28
2