Revis v. Diaz et al

Filing 15

ORDER DENYING Request for Screening 14 , signed by Magistrate Judge Dennis L. Beck on 7/22/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDRE L. REVIS,
Plaintiff,

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Case No. 1:15-cv-00378 DAD DLB PC
ORDER DENYING REQUEST FOR
SCREENING

v.
[ECF No. 14]

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RALPH N. DIAZ, et al.,
Defendants.

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_____________________________________/
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Plaintiff Andre L. Revis, a state prisoner proceeding pro se and in forma pauperis, filed an

18 action in the Fresno County Superior Court on September 9, 2013, entitled Revis v. Diaz, et al.,
19 No. 13CECG02836. On March 6, 2015, Defendants removed the action to federal court. On July
20 10, 2015, Plaintiff filed a First Amended Complaint in this Court pursuant to 42 U.S.C. § 1983.
21 On June 17, 2016, the Court screened the First Amended Complaint and dismissed it with leave to
22 amend for failure to state a claim. On July 11, 2016, Plaintiff filed a Second Amended Complaint.
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On July 19, 2016, Defendants filed the instant request for screening. Defendants note that

24 the Second Amended Complaint (“SAC”) has been filed and request that it be screened according
25 to 28 U.S.C. § 1915A(a). Defendants are advised that the Court is aware of the recently filed
26 SAC; however, due to the scarcity of judicial resources there is a substantial backlog of cases, and
27 the Court must first address those cases that have been pending the longest. The SAC filed in this
28 case will be screened accordingly.

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Based on the foregoing, it is HEREBY ORDERED that Defendant’s request for screening

2 is DENIED.
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IT IS SO ORDERED.
Dated:

/s/ Dennis

July 22, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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