Scheiding v. Smith et al

Filing 16

ORDER Regarding Plaintiff's 15 Notice of Change of Address and Motion Requesting a Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 8/16/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-00164-DAD-BAM (PC)

JASON SCHEIDING,
Plaintiff,

ORDER REGARDING PLAINTIFF’S NOTICE
OF CHANGE OF ADDRESS AND MOTION
REQUESTING A SCHEDULING ORDER

v.
DAVID SMITH, et al.,

(ECF No. 15)

Defendants.

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Plaintiff Jason Scheiding (“Plaintiff”) is a state prisoner proceeding pro se in a civil rights

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action pursuant to 42 U.S.C. ' 1983. Plaintiff filed this action in the District Court for the

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Northern District of California on January 27, 2016. (ECF No. 1.) The action was transferred to

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this Court on February 4, 2016. (ECF No. 6.)

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Currently before the Court is Plaintiff’s combined notice of change of address and motion

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requesting for scheduling order. (ECF No. 15.) Plaintiff has updated the Court of his address

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change, and states that he believes a scheduling order may have been issued while he was

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undergoing transfer. He requests any missed papers, filings, scheduling orders, etc.

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No scheduling order has yet been issued in this matter. The Court is required to screen

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complaints brought by prisoners seeking relief against a governmental entity or officer or

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employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff’s complaint, or any portion

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thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which
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relief may be granted, or if it seeks monetary relief from a defendant who is immune from such

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relief. 28 U.S.C. § 1915A(b)(1), (2); 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff’s complaint has not

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yet been screened, no defendants have been served or appeared, and thus no scheduling order has

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issued. Currently, there are no deadlines pending. As a result, Plaintiff’s request for a scheduling

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order will be denied. Plaintiff’s complaint will be screened in due course.

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Plaintiff is further informed that the docket reflects the last documents in this matter sent

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to Plaintiff was a Clerk of the Court’s notice that the case has been assigned to District Judge

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Dale A. Drozd and Magistrate Judge Barbara A. McAuliffe. The new case number is 1:16-cv-

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00164-DAD-BAM (PC). All further filings should reflect this case number. That notice was

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served by mail on Plaintiff on February 17, 2016, and was not returned as undelivered or

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otherwise.

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The Court was subsequently notified by Plaintiff of his change of address on July 18,

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2016, regarding his transfer to his current housing at La Palma Correctional Center in Eloy,

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Arizona. The Court then received this second notice of Plaintiff’s change of address and motion

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for a scheduling order. No orders were issued between the February 17, 2016 notice and this

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current order.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for a scheduling order
(ECF No. 15) is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 16, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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