Felton v. Lopez, et al.
Filing
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ORDER GRANTING 69 Motion for Screening Order; ORDER GRANTING Extension of Time to File Response to First Amended Complaint, signed by Magistrate Judge Gary S. Austin on 4/6/2015. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KELVIN FELTON,
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Plaintiff,
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ORDER GRANTING MOTION FOR
SCREENING ORDER
vs.
J. LOPEZ, et al.,
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Defendants.
ORDER GRANTING EXTENSION OF
TIME TO FILE RESPONSE TO FIRST
AMENDED COMPLAINT
(Doc. 69.)
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1:12-cv-01066-AWI-GSA-PC
I.
BACKGROUND
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Kelvin Felton (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint
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commencing this action on June 29, 2012. (Doc. 1.) The court screened the Complaint under
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28 U.S.C. § 1915A and issued an order on February 13, 2013, finding that Plaintiff stated
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cognizable claims for use of excessive force against defendants Correctional Officer (C/O) J.
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Lopez and C/O S. Harrison (“Defendants”). (Doc. 11.) On April 19, 2013, with leave of court,
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Plaintiff filed a Supplemental Complaint. (Doc. 22.)
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On May 2, 2014, defendant Lopez filed a motion to dismiss the Supplemental
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Complaint for failure to state a claim, and defendant Harrison filed an Answer. (Docs. 38, 39.)
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On August 14, 2014, defendant Lopez filed a motion for summary judgment as to the
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Supplemental Complaint, based on exhaustion. (Doc. 50.) On March 4, 2015, the court denied
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defendant Lopez’s motion for summary judgment, and on March 5, 2015, the court denied
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defendant Lopez’s motion to dismiss. (Docs. 66, 67.) Plaintiff was granted leave to file a First
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Amended Complaint, and Defendants were ordered to file an Answer within thirty days of the
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date the First Amended Complaint was filed. (Doc. 67.) On March 5, 2015, Plaintiff filed the
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First Amended Complaint. (Doc. 68.)
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On April 3, 2015, Defendants filed a motion requesting the court to screen Plaintiff=s
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First Amended Complaint under 28 U.S.C. ' 1915A and grant Defendants an extension of time
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to file a responsive pleading. (Doc.69.) In the alternative, Defendants request the court to
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dismiss the First Amended Complaint for failure to state a claim. (Id.)
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II.
DEFENDANTS’ MOTION FOR SCREENING AND EXTENSION OF TIME
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Defendants inform the court that it does not appear that the court screened the First
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Amended Complaint under 28 U.S.C. § 1915A. Defendants request the court to screen the
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First Amended Complaint and grant Defendants an extension of time in which to file a
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responsive pleading.
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Defendants are correct that the court is required to screen complaints in civil actions in
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which a prisoner seeks redress from a governmental entity or officer or employee of a
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governmental entity. 28 U.S.C. ' 1915A(a). Plaintiff=s First Amended Complaint alleges that
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Defendants, employees of the California Department of Corrections and Rehabilitation
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(CDCR) at the California Substance Abuse Treatment Facility and State Prison in Corcoran,
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California, violated his rights under the United States Constitution. Because Plaintiff is a
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prisoner and Defendants were employees of the CDCR when the alleged events occurred, the
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court is required to screen the First Amended Complaint. Therefore, Defendants' motion for a
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screening order shall be granted. In addition, good cause appearing, the motion for extension
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of time shall also be granted.
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III.
CONCLUSION
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Based on the foregoing, IT IS HEREBY ORDERED that:
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1.
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Defendants' motion for the court to screen the First Amended Complaint is
GRANTED, and the court shall issue a screening order in due time; and
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2.
Good cause appearing, Defendants are GRANTED an extension of time until
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thirty days from the date of service of the court's screening order, in which to
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file a response to the First Amended Complaint.
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IT IS SO ORDERED.
Dated:
April 6, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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