Holland v. Schuyler et al

Filing 23

ORDER GRANTING 21 Motion for Extension of Time for Defendants to File Response to First Amended Complaint; ORDER GRANTING Defendants' Request for Screening Order, signed by Magistrate Judge Gary S. Austin on 02/11/18.(30-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EVERETT HOLLAND,

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1:16-cv-01271-DAD-GSA-PC

Plaintiff,

ORDER GRANTING DEFENDANTS’
REQUEST FOR SCREENING ORDER

C. SCHUYLER, et al.,

ORDER GRANTING EXTENSION OF
TIME FOR DEFENDANTS TO FILE
RESPONSE TO FIRST AMENDED
COMPLAINT

vs.

Defendants.

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(ECF No. 21.)

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This is a civil action filed by Everett Holland (“Plaintiff”), a state prisoner proceeding

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pro se. This action was initiated by civil complaint filed by Plaintiff in the Kern County

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Superior Court on September 29, 2015 (Case #BCV 15 101147 DRL). On August 26, 2016,

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defendants Esmond, Haak, Hunley, Maciejewski, and Schuyler (“Defendants”) removed the

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case to federal court by filing a Notice of Removal of Action pursuant to 28 U.S.C. ' 1441(c).

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(ECF No. 1.)

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On August 22, 2017, the court screened the Complaint under 28 U.S.C. ' 1915A and

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issued an order dismissing the Complaint for failure to state a claim, with leave to amend.
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(ECF No. 13.) On November 20, 2017, Plaintiff filed the First Amended Complaint. (ECF No.

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20.)

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On December 1, 2017, Defendants requested the court to screen Plaintiff’s First

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Amended Complaint under 28 U.S.C. ' 1915A and grant Defendants an extension of time in

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which to file a responsive pleading. (ECF No. 21.) On January 8, 2018, Plaintiff filed an

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opposition to Defendants’ request for extension of time. (ECF No. 22.)

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The Court is required to screen complaints in civil actions in which a prisoner seeks

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redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

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' 1915A(a). Plaintiff=s First Amended Complaint alleges that Defendants, employees of the

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California Department of Corrections and Rehabilitation (CDCR) at California Correctional

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Institution in Tehachapi, California, violated his civil rights under the Fourteenth Amendment

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of the United States Constitution.

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employees of the CDCR at a state prison when the alleged events occurred, the court is

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required to screen the complaint. Therefore, Defendants’ motion for the court to screen the

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First Amended Complaint shall be granted.

Because Plaintiff is a prisoner and Defendants were

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Plaintiff opposes Defendants’ request for extension of time arguing that this case has

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been pending since September 29, 2015, and Defendants have had ample time to file an answer

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to the complaint. Plaintiff argues that he will be prejudiced if there is further delay.

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Notwithstanding Plaintiff’s opposition, the court finds good cause to grant Defendants

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an extension of time. Requiring Defendants to file an answer before the court has completed

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the screening process will not prejudice Plaintiff as the court’s screening will decide which

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Defendants and claims, if any, are allowed to move forward. Until the screening is completed

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the court finds no good reason to require Defendants to answer the complaint, and any delay is

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expected at this stage of the proceedings. Therefore, good cause appearing, the motion for

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extension of time shall also be granted.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Defendants’ request for the court to screen the First Amended Complaint is
GRANTED, and the Court shall issue a screening order in due course;
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2.

Defendants are GRANTED an extension of time until thirty days from the date

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of service of the court’s screening order, in the event that any part of the First

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Amended Complaint survives screening, in which to file a response to the First

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Amended Complaint.

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IT IS SO ORDERED.
Dated:

February 11, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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