Johnson v. Rodriguez

Filing 13

ORDER Granting Defendant's 11 Request for Court to Screen Plaintiff's Complaint 1 , signed by Magistrate Judge Stanley A Boone on 7/11/13. Thirty-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LEONDARD JOHNSON,

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Case No. 1:12-cv-00820-SAB (PC)
ORDER GRANTING DEFENDANT’S
REQUEST FOR COURT TO SCREEN
PLAINTIFF’S COMPLAINT

Plaintiff,
v.
HUMBERTO RODRIGUEZ,

(ECF Nos. 1 & 11)

Defendant.

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Plaintiff Leonard Johnson (“Plaintiff”) is a state prisoner proceeding pro se in this civil

18 rights action pursuant to 42 U.S.C. § 1983. Defendant removed this action to federal court on
19 May 16, 2012. Along with the notice of removal, Defendant filed a request seeking that the
20 complaint be screened and to be allowed thirty days to respond to the complaint from the date of
21 filing the screening order.
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The Court is required to screen complaints brought by prisoners seeking relief against a

23 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).
24 The Court screens complaints in the order in which they are filed and strives to avoid delays
25 whenever possible. However, there are hundreds of prisoner civil rights cases presently pending
26 before the Court, and delays are inevitable despite the Court’s best efforts. Due to the heavy
27 caseload, Plaintiff’s complaint is still awaiting screening. The Court is aware of the pendency of
28 this case and will screen Plaintiff’s complaint in due course. The Court will grant Defendant’s

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1 request that he be relieved from the obligation to file a responsive pleading until thirty (30) days
2 after the complaint is screened.
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IT IS HEREBY ORDERED that Defendant’s request for screening is GRANTED and

4 Defendants shall have thirty (30) days to file a response to the complaint, to commence upon
5 issuance of a Court order finding that Plaintiff’s complaint states a claim.
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IT IS SO ORDERED.

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Dated:

July 11, 2013

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UNITED STATES MAGISTRATE JUDGE

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