Dews v. Kern Radiology Medical Group, Inc. et al

Filing 19

ORDER DENYING 15 , 16 , 17 and 18 Plaintiff's Miscellaneous Motions signed by Magistrate Judge Michael J. Seng on 4/13/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CLARENCE LEON DEWS,
Plaintiff,

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CASE NO. 1:12-cv-00242-AWI-MJS PC
ORDER DENYING PLAINTIFF’S
MISCELLANEOUS MOTIONS

v.

(ECF NOS. 15-18)

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KERN RADIOLOGY MEDICAL GROUP,
INC., et al.,
Defendants.
/

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Plaintiff Clarence Leon Dews is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed on February 21, 2012 pursuant to 42 U.S.C. § 1983.

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(Compl., ECF No. 1.) Plaintiff filed a First Amended Complaint on March 2, 2012 (First Am.

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Compl., ECF No. 4) without the Complaint having been screened. The Court has not

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screened the First Amended Complaint.

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Before the Court are Plaintiff’s Motion to Compel Discovery (Mot. to Compel, ECF

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No. 15), Motion to Verify Parties (Mot. to Verify, ECF No. 16), Motion to Designate Records

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(Mot. to Designate R., ECF No. 17), and Summons Motion (Summons Mot., ECF No. 18.)

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These Motions are premature. The requested relief cannot be granted.

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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 must dismiss a complaint or portion thereof if the prisoner has

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raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which
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relief may be granted, or that seek monetary relief from a defendant who is immune from

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such relief. 28 U.S.C. § 1915A(b)(1),(2).

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The Court is aware of Plaintiff’s action and his First Amended Compliant is in line

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for screening. However, the Court has a large number of prisoner civil rights cases pending

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before it and will screen Plaintiff’s First Amended Complaint in due course. Until such time

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as the Court has screened Plaintiff’s First Amended Complaint, no further action is required

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of Plaintiff. The Court will not direct service of summons by the United States Marshal

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absent a pleading containing cognizable claims for relief against the named Defendants.

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Plaintiff will have an opportunity to raise discovery and evidentiary matters at any

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appropriate time subsequent to service.

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Accordingly, for the foregoing reasons, it is ORDERED that Plaintiff’s Motion to

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Compel Discovery (Mot. to Compel, ECF No. 15), Motion to Verify Parties (Mot. to Verify,

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ECF No. 16), Motion to Designate Records (Mot. to Designate R., ECF No. 17), and

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Summons Motion (Summons Mot., ECF No. 18) are DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

April 13, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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