Neal v. Director of Department of Corrections and Rehabilitations et al

Filing 8

ORDER GRANTING Defendants' Request for Screening Order and for Extension of Time to File Responsive Pleading 3 , signed by Magistrate Judge Jennifer L. Thurston on 12/29/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SEAN BAPTISTE NEAL,
Plaintiff,

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v.

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DIRECTOR OF DEPT. OF CORRECTIONS
AND REHABILITATIONS, et al.,

Case No. 1:14-cv-02067---JLT (PC)
ORDER GRANTING DEFENDANTS'
REQUEST FOR SCREENING ORDER AND
FOR EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING
(Doc. 3)

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Defendants.
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Plaintiff, Sean Baptiste Neal, is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. Plaintiff originally filed this action in Kern County Superior

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Court, but on December 22, 2014, Defendants removed the action to this Court. (Doc. 1.) That

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same day, Defendants filed a motion requesting that the action be screened per 28 U.S.C. §

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1915A and that they be allowed to file a response to Plaintiff's pleading thirty days if it "survives

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the Court's screening. . . ." (Doc. 3.)

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It is true that 28 U.S.C. § 1915A applies to this action and requires the court to screen all

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civil actions filed by prisoners seeking redress from a governmental officer, employee, or entity.

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Thus, Defendants' request for screening is properly granted. Further, until cognizable claims have

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been found to be stated against them, Defendants are not required to file a responsive pleading.

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///

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//

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Accordingly, it is HEREBY ORDERED that Defendant's Request for Screening Order

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under 28 U.S.C. § 1915A, filed on December 22, 2014 (Doc. 3), is GRANTED. As necessary,

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the Court will set a responsive pleading deadline. Until that time, no responsive pleading shall

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be filed.

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IT IS SO ORDERED.
Dated:

December 29, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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