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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?