Carter v. Voong, et al.

Filing 6

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)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 DOMINIC CARTER, Plaintiff, 12 13 14 v. H. FLORES, et al., Defendants. 15 1:17-cv-00245-EPG (PC) ORDER GRANTING REQUEST FOR SCREENING ORDER AND SETTING DEADLINE FOR RESPONSIVE PLEADING (ECF NOS. 1 & 5) 16 This is a civil action filed by Dominic Carter (APlaintiff@), a state prisoner proceeding 17 pro se. This action was initiated by the filing of a civil complaint in Kings County Superior 18 Court on November 23, 2016 (Case #16-C0379). (ECF No. 1, p. 4). On February 16, 2017, 19 defendants Flores, Godwin, Goree, Longoria, and Pacillas removed the case to federal court by 20 filing a notice of removal of action pursuant to 28 U.S.C. ' 1441(a). (Id. at pgs. 1-2). Within 21 the notice of removal, these defendants requested that the Court screen Plaintiff=s complaint 22 under 28 U.S.C. ' 1915A. (Id. at p. 2). On February 21, 2017, defendant Brown filed a joinder 23 to the notice of removal and request for screening. (ECF No. 5). 24 The Court is required to screen complaints in civil actions in which a prisoner seeks 25 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 26 ' 1915A(a). 27 Department of Corrections and Rehabilitation (“CDCR”), violated his rights under the First 28 Amendment, Eighth Amendment, and Fourteenth Amendment of the United States Plaintiff=s complaint alleges that defendants, employees of the California 1 1 Constitution. Because Plaintiff is a prisoner and defendants were employees of the CDCR 2 when the alleged events occurred, the Court is required to screen the complaint. Therefore, the 3 request for the Court to screen the complaint will be granted. In addition, the Court will extend 4 the deadline for defendants to file a responsive pleading. 5 Based on the foregoing, IT IS HEREBY ORDERED that: 6 1. 7 8 The request for the Court to screen the complaint is GRANTED, and the court shall issue a screening order in due time; and 2. 9 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 10 file a response to the complaint. 11 12 13 IT IS SO ORDERED. Dated: February 23, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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