Spencer v. Gutierrez

Filing 12

ORDER Regarding 9 Motion for Status Review and Determination of Complaint signed by Magistrate Judge Michael J. Seng on 04/09/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD B. SPENCER,

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Plaintiff,

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v.

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J. GUTIERREZ,

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Case No. 1:17-cv-01505-LJO-MJS (PC)
ORDER REGARDING MOTION FOR STATUS
REVIEW AND DETERMINATION OF
COMPLAINT
(ECF NO. 9.)

Defendant.

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Plaintiff is state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff’s February 1,
2018, “Motion for Status of Review and Determination of Complaint.” (ECF No. 9.)
As Plaintiff has been advised, his complaint was stricken on April 2, 2018,
because it was unsigned. (ECF No. 11.) Plaintiff was ordered to file a signed complaint
within thirty days of service of the Court’s order. This submission remains pending.
If and when Plaintiff files a signed complaint, it will be screened in due course. 28
U.S.C. § 1915A. With regard to the request that defendants be served and required to
respond, the Court will not authorize service on defendants until the Court has
conducted its initial screening and determined whether the complaint is “frivolous,

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malicious, or fails to state a claim upon which relief may be granted; or seeks monetary

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relief from a defendant who is immune from such relief.” Id. As Plaintiff already has been

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advised:

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This Court screens pro se plaintiffs' complaint as
expeditiously as possible. However, the Court has an
extremely large number of pro se plaintiff civil rights cases
pending before it, and delay is inevitable. As long as a party
keeps the Court informed of the party's current address, the
Court will provide notice of all actions which might affect the
case as soon as an action is taken in the case. The Court will
not respond in writing to individual inquiries regarding the
status of a case.

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(ECF No. 3.)
To the extent Plaintiff has been provided the status of his case herein, his motion
is HEREBY GRANTED.
IT IS SO ORDERED.

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Dated:

April 9, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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