Baldhosky v. Hubbard et al

Filing 12

ORDER GRANTING IN PART and DENYING IN PART 10 Motion for Status; A date for Screening; and Issuance of Summons, signed by Magistrate Judge Michael J. Seng on 06/09/2013. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND BALDHOSKY,

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CASE No.

Plaintiff,

1:12-cv-01200-MJS (PC)

ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF’S MOTION
FOR: STATUS; A DATE FOR SCREENING;
AND, ISSUANCE OF SUMMONS

v.

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SUSAN HUBBARD, et al.,
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(ECF No. 10)
Defendants.

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/

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Plaintiff Raymond Baldhosky is a former state prisoner proceeding pro se and in

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forma pauperis in this civil rights action filed July 23, 2012 pursuant to 42 U.S.C. §

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1983. (ECF No. 1.)

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Pending before the Court is Plaintiff’s Motion seeking: case status; a date for
screening; and, issuance of summons. (ECF No. 10.)
The Court has not yet screened Plaintiff’s Complaint. The Court is aware of

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Plaintiff's case, and his Complaint is in line for screening. 28 U.S.C. § 1915(e)(2);
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Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1991), cert. denied, 506 U.S. 915

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(1992). However, the Court has a large number of such civil rights cases pending

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before it and will screen Plaintiff's Complaint in due course. Until such time as the Court

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has screened Plaintiff's Complaint, no further action is required or appropriate.

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The Court will direct the United States Marshal to serve Plaintiff's Complaint only

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after the Court has screened it and determined that it contains cognizable claims for

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relief against the named Defendants.

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Accordingly, for the reasons stated above it is HEREBY ORDERED that
Plaintiff’s Motion (ECF No. 10) be GRANTED IN PART (insofar as the foregoing
constitutes a report of status) and DENIED IN PART (i.e., denied as to the request for a

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date for screening and issuance of summons).

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IT IS SO ORDERED.

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Dated:
12eob4

June 9, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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