Mason v. Corizon Health Care

Filing 7

ORDER denying 6 Motion for Default Judgment signed by Magistrate Judge Barbara A. McAuliffe on 9/20/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD WAYNE MASON,

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Plaintiff,

Case No. 1:18-cv-00676-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR DEFAULT JUDGMENT

v.
(ECF No. 6)

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CORIZON HEALTH CARE,

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Defendant.

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Plaintiff Edward Wayne Mason (“Plaintiff”) is a pretrial detainee proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this

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action on May 17, 2018.

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On September 17, 2018, Plaintiff filed the instant motion for default judgment against
Defendant Corizon Health Care. (ECF No. 6.) Plaintiff’s request is premature.

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The Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C.

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§ 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous

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

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relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 28 U.S.C.

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§ 1915(e)(2)(B)(ii). The Court will direct the United States Marshal to serve Plaintiff’s complaint

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only after the Court has screened the complaint and determined that it contains a cognizable claim
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for relief against the named defendants.
Plaintiff’s complaint is currently in the screening stage and has not been served on any

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defendant. Accordingly, Plaintiff’s motion for default judgment, (ECF No. 6), is HEREBY

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DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 20, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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