Lipsey v. Guzman

Filing 11

ORDER Denying Plaintiff's 10 Motion to Expedite Screening signed by Magistrate Judge Erica P. Grosjean on 01/25/2018. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CHRISTOPHER LIPSEY, JR., 10 Plaintiff, 11 ORDER DENYING PLAINTIFF’S MOTION TO EXPEDITE SCREENING v. 12 Case No. 1:17-cv-00896-EPG (PC) M. GUZMAN, 13 (ECF No. 10) Defendant. 14 15 16 Christopher Lipsey, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint 18 commencing this action on July 6, 2017 (ECF No. 1), and a First Amended Complaint on 19 October 11, 2017 (ECF No. 9). On January 24, 2018, Plaintiff filed a motion to expedite 20 screening. (ECF No. 10). 21 Plaintiff alleges that “he is currently facing charges that carry the death penalty,” and 22 that “Plaintiff may very well no longer be competent or willing to see these cases through once 23 condemn[ed].” 24 The Court generally screens complaints in the order in which they are filed, and strives 25 to avoid delays whenever possible. However, due to the number of civil rights cases presently 26 pending before the Court, it cannot guarantee screening Plaintiff’s case as quickly as requested. 27 Further, Plaintiff has not provided any reason why his complaint should be screened 28 earlier than complaints that were filed before his. Plaintiff does not allege that anything will 1 2 3 occur in the immediate future that will prevent him from prosecuting this case. Accordingly, based on the foregoing, IT IS ORDERED that Plaintiff’s motion to expedite is DENIED. 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 IT IS SO ORDERED. Dated: January 25, 2018 /s/ UNITED STATES MAGISTRATE JUDGE

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