Thompson v. Meyer-Zlokovich et al

Filing 9

ORDER Finding Cognizable Claims Stated and Requiring Responsive Pleading/Answer From Defendants Within Thirty (30) Days, signed by Magistrate Judge Jennifer L. Thurston on 10/27/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDREW B. THOMPSON,
Plaintiff,

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v.
MEYERS-ZLOKOVICH, et al.,
Defendants.

Case No. 1:14-cv-01521-JLT (PC)
ORDER FINDING COGNIZABLE CLAIMS
STATED AND REQUIRING RESPONSIVE
PLEADING/ANSWER FROM DEFENDANTS
(Doc. 2)
30-DAY DEADLINE

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Plaintiff, a prisoner proceeding pro se, is proceeding in this civil rights action pursuant to

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42 U.S.C. ' 1983. Defendants removed the action to this court from Kings County Superior

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Court on September 25, 2014.

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The Court has screened the Complaint pursuant to 28 U.S.C. ' 1915A and finds that it

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states a cognizable claim for relief under section 1983 against defendants Correctional Officers D.

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Meyers, Morrows, Moreno, and A. Rocha for use of deliberate indifference to Plaintiff's safety in

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violation of the Eighth Amendment and for retaliation in violation of the First Amendment. Fed.

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R. Civ. P. 8(a); Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512-15 (2002); Austin v. Terhune,

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367 F.3d 1167, 1171 (9th Cir. 2004); Jackson v. Carey, 353 F.3d 750, 754 (9th Cir. 2003);

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Galbraith v. County of Santa Clara, 307 F.3d 1119, 1125-26 (9th Cir. 2002).

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Ordinarily, Plaintiff would be ordered to submit documents for service on each of the four
Defendants named above. However, Plaintiff has already served the Complaint on the
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Defendants, who removed the action to this Court. Thus, Defendants are now entitled to file a

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responsive pleading. Fed. R. Civ. Pro. 12.

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Accordingly, it is HEREBY ORDERED that within 30 days of the date of service of this

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order, Defendants Correctional Officers D. Meyers, Morrows, Moreno, and A. Rocha are to file a

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responsive pleading in this action.

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IT IS SO ORDERED.
Dated:

October 27, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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