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