Carter v. Voong, et al.
ORDER GRANTING Request for Screening Order and Setting Deadline for Responsive Pleading signed by Magistrate Judge Erica P. Grosjean on 2/23/2017. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
H. FLORES, et al.,
ORDER GRANTING REQUEST FOR
SCREENING ORDER AND SETTING
DEADLINE FOR RESPONSIVE
(ECF NOS. 1 & 5)
This is a civil action filed by Dominic Carter (APlaintiff@), a state prisoner proceeding
pro se. This action was initiated by the filing of a civil complaint in Kings County Superior
Court on November 23, 2016 (Case #16-C0379). (ECF No. 1, p. 4). On February 16, 2017,
defendants Flores, Godwin, Goree, Longoria, and Pacillas removed the case to federal court by
filing a notice of removal of action pursuant to 28 U.S.C. ' 1441(a). (Id. at pgs. 1-2). Within
the notice of removal, these defendants requested that the Court screen Plaintiff=s complaint
under 28 U.S.C. ' 1915A. (Id. at p. 2). On February 21, 2017, defendant Brown filed a joinder
to the notice of removal and request for screening. (ECF No. 5).
The Court is required to screen complaints in civil actions in which a prisoner seeks
redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.
Department of Corrections and Rehabilitation (“CDCR”), violated his rights under the First
Amendment, Eighth Amendment, and Fourteenth Amendment of the United States
Plaintiff=s complaint alleges that defendants, employees of the California
Constitution. Because Plaintiff is a prisoner and defendants were employees of the CDCR
when the alleged events occurred, the Court is required to screen the complaint. Therefore, the
request for the Court to screen the complaint will be granted. In addition, the Court will extend
the deadline for defendants to file a responsive pleading.
Based on the foregoing, IT IS HEREBY ORDERED that:
The request for the Court to screen the complaint is GRANTED, and the court
shall issue a screening order in due time; and
If the Court finds cognizable claims in its screening order, defendants have
thirty days from the date of service of the Court's screening order in which to
file a response to the complaint.
IT IS SO ORDERED.
February 23, 2017
UNITED STATES MAGISTRATE JUDGE
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