Edward B. Spencer v. Kelso et al

Filing 11

ORDER GRANTING Request 6 for Suspension of Requirement to File Responsive Pleading, signed by Magistrate Judge Erica P. Grosjean on 06/12/2017. (30-Day Deadline)(Martin-Gill, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 EDWARD B. SPENCER, Plaintiff, 10 11 12 v. 1:17-cv-00724-EPG (PC) ORDER GRANTING REQUEST FOR SUSPENSION OF REQUIREMNT TO FILE RESPONSIVE PLEADING J. CLARK KELSO, et al., Defendants. 13 (ECF NO. 6) 14 Edward B. Spencer (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 15 action filed pursuant to 42 U.S.C. § 1983. On May 23, 2017, Defendant Kelso removed this 16 case to federal court from Kings County, California Superior Court. (ECF No. 1). On May 26, 17 2017, Defendant Kelso filed a motion to dismiss. (ECF No. 5). On June 2, 2017, Defendant 18 Barnett filed a request for screening of the Complaint. (ECF No. 6). Defendant Barnett also 19 requests that the Court issue an order that they need not file a responsive pleading until 30 days 20 after the court issues its screening order. (Id.) 21 Presently, the Court is intends to screen the Complaint pursuant to 28 U.S.C. 22 ' 1915A(a). Therefore, the Court will not require a responsive pleading at this time and will 23 suspend the requirement until 30 days after the Court issues a screening order or it otherwise 24 directs that a responsive pleading be filed. IT IS SO ORDERED. 25 26 Dated: June 12, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 27 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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