(PC) Cabrera v. CA Correctional Health Care Services

Filing 21

ORDER GRANTING Request for Screening Order; ORDER GRANTING Extension of Time to File Response to Complaint, signed by Magistrate Judge Gary S. Austin on 9/15/2022. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR CABRERA, 12 13 14 15 16 1:22-cv-00025-JLT-GSA (PC) Plaintiff, ORDER GRANTING REQUEST FOR SCREENING ORDER vs. ORDER GRANTING EXTENSION OF TIME TO FILE RESPONSE TO COMPLAINT CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, et al., Defendants. (ECF No. 1.) 17 18 19 Omar Cabrera (“Plaintiff”) is a prisoner proceeding pro se in this civil rights action 20 pursuant to 42 U.S.C. § 1983. This action was initiated by civil complaint filed by Plaintiff in 21 the Fresno County Superior Court on October 25, 2021 (Case #21CECG03204). On January 5, 22 2022, defendant California Correctional Health Care Services (CCHS) removed the case to 23 federal court by filing a Notice of Removal of Action pursuant to 28 U.S.C. § 1441(a) and 1446. 24 (ECF No. 1.) In the Notice of Removal, Defendant requested the court to screen Plaintiff’s 25 complaint under 28 U.S.C. § 1915A and grant Defendant an extension of time in which to file a 26 responsive pleading. (Id. at 3 ¶ 6.) 27 The court is required to screen complaints in civil actions in which a prisoner seeks 28 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 1 1 § 1915A(a). Plaintiff’s complaint alleges that Defendants, CCHCS, employees of CCHCS, and 2 employees of Pleasant Valley State Prison failed to provide him with adequate medical care. 3 Because Plaintiff is a prisoner and some of the Defendants were employees of the CDCR at a 4 state prison when the alleged events occurred, the court is required to screen the complaint. 5 Therefore, Defendant’s request for the Court to screen the complaint shall be granted. In 6 addition, good cause appearing, the request for extension of time shall also be granted. 7 Based on the foregoing, IT IS HEREBY ORDERED that: 8 1. 9 1915A(a) is GRANTED, and the court shall issue a screening order in due course; 10 11 Defendant’s request for the court to screen the complaint under 28 U.S.C. § and 2. 12 Defendants are GRANTED an extension of time until thirty days from the date of service of the court’s screening order in which to file a response to the complaint. 13 14 15 16 IT IS SO ORDERED. Dated: September 15, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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