Carr v. California Department of Corrections & Rehabilitation et al

Filing 16

ORDER denying 15 Motion to court to process amended complaint and demand for trial signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR CARR,

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Plaintiff,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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1:14-cv-02074-LJO-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO COURT TO PROCESS AMENDED
COMPLAINT AND DEMAND FOR TRIAL
(ECF No. 15)

Plaintiff Arthur Carr (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion to court to process amended

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complaint/demand for trial, filed September 15, 2016. (ECF No. 15.) Plaintiff seeks to have his

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action placed on the trial calendar, on the grounds that he timely submitted an amended

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complaint.

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Plaintiff’s request to set this matter for trial is premature. As the Court has previously

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informed Plaintiff in other orders, the Court is required to screen complaints brought by

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prisoners seeking relief against a governmental entity or officer or employee of a governmental

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entity. 28 U.S.C. § 1915A(a). Plaintiff’s amended complaint, or any portion thereof, is subject to

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dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be

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granted, or if it seeks monetary relief from a defendant who is immune from such relief. 28

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U.S.C. § 1915A(b)(1), (2); 28 U.S.C. § 1915(e)(2)(B)(ii). Further, this Court has literally

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hundreds of similar cases pending without the necessary resources to address cases as quickly as

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desired. Plaintiff’s amended complaint will be screened in due course.

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Accordingly, Plaintiff’s motion to court to process amended compliant/demand for trial,
(ECF No. 15), is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 16, 2016

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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