Wiseman v. Cate, et al.

Filing 74

ORDER DENYING 73 Defendants' Request to Screen Fourth Amended Complaint signed by Magistrate Judge Stanley A. Boone on 7/12/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHESTER RAY WISEMAN,

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Plaintiff,
v.

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MATTHEW CATE, et al.,

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Defendants.

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Case No.: 1:14-cv-00831-DAD-SAB (PC)
ORDER DENYING DEFENDANTS’ REQUEST
TO SCREEN FOURTH AMENDED COMPLAINT
(ECF No. 73)

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Plaintiff Chester Ray Wiseman is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. On December 7, 2015, findings and recommendations issued

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recommending, as applicable here, that Plaintiff’s third amended complaint be dismissed with leave to

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amend only as to Plaintiff’s claim for deliberate indifference to Plaintiff’s serious medical need. (ECF

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No. 55.)

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recommendations and lodged a fourth amended complaint on February 22, 2016. (ECF Nos. 62, 65.)

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On January 24, 2017, Defendants filed a request for screening of the fourth amended complaint.

After receiving extensions of time, Plaintiff filed an objection to the findings and

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While the findings and recommendations recommended granting Plaintiff the opportunity to

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file an amended complaint, it has not been adopted and Plaintiff has not been granted an opportunity to

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file a fourth amended complaint.

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complaint, the Court finds that Defendant’s request to screen the lodged complaint is premature. The

As Plaintiff has not been granted leave to file an amended

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amended complaint shall be addressed once the district judge addresses the findings and

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recommendations.
Accordingly, Defendants’ motion for the court to screen the fourth amended complaint is

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DENIED.

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IT IS SO ORDERED.

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Dated:

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July 12, 2017
UNITED STATES MAGISTRATE JUDGE

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