(PC) Porter v. Rivas et al

Filing 45

ORDER GRANTING 44 Request to Screen Plaintiff's First Amended Complaint signed by Magistrate Judge Christopher D. Baker on 02/05/2024. (Flores, E)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY JAMES PORTER, 12 Plaintiff, 13 v. 14 O. RIVAS, Case No. 1:22-cv-105-NODJ-CDB (PC) ORDER GRANTING REQUEST TO SCREEN PLAINTIFF’S FIRST AMENDED COMPLAINT (Doc. 44) Defendant. 15 16 17 Plaintiff Larry James Porter is a state prisoner proceeding pro se in this civil rights action 18 filed under 42 U.S.C. § 1983. This action proceeds on Plaintiff’s Eighth Amendment deliberate 19 indifference to serious medical needs claim against Defendant Rivas. 20 I. 21 Following screening and service of Plaintiff’s complaint, Defendant filed an answer on 22 23 INTRODUCTION August 9, 2023. (Doc. 28.) Shortly thereafter, the Court issued its Order Referring Case to Post-Screening ADR and 24 Staying Case for 90 Days. (Doc. 30.) The parties agreed to participate in an early settlement 25 conference (Doc. 36); however, a settlement was not achieved (Docket Entry 40 [minute order]). 26 Thus, the Court issued its Discovery and Scheduling Order on November 21, 2023. (Doc. 41.) 27 On January 30, 2024, Plaintiff lodged a first amended complaint. (Doc. 43.) On February 28 2, 2024, Defendant filed a Request for Screening Plaintiff’s First Amended Complaint Under the 1 Prison Litigation Reform Act. (Doc. 44.) The Court deems a response by Plaintiff to be 2 unnecessary. 3 II. DISCUSSION 4 Defendant requests this Court screen Plaintiff’s first amended complaint pursuant to the 5 Prison Litigation Reform Act (“PLRA”) because it “alleges at least four new claims and 6 declaratory relief, and it is unclear whether these new claims pertain to the incident allegedly 7 involving Defendant Rivas.” (Doc. 44 at 1-2.) Additionally, Defendant requests a 30-day 8 extension of time following the Court’s issuance of a screening order within which to file a 9 responsive pleading. (Id. at 2.) 10 The Court is required to screen complaints brought by prisoners seeking relief against a 11 governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). 12 Plaintiff has recently lodged a first amended complaint.1 (Doc. 43.) As Defendant asserts, a 13 cursory review of the first amended complaint reveals it asserts additional claims against 14 Defendant. (Id. at 6-8.) The Court will screen Plaintiff’s first amended complaint in due course.2 15 See, e.g., Harris v. Neve, No. 1:19-cv-01338-AWI-JLT (PC), 2021 WL 4077973, at *1 (E.D. Cal. 16 Sept. 6, 2021) (defendant’s request for the court to screen plaintiff’s third amended complaint 17 granted because screening is mandatory under the PLRA). Following screening, and assuming the 18 first amended complaint is found to present cognizable claims, the Court will direct Defendant to 19 file a responsive pleading within 30 days. 20 III. 21 For the reasons given above, IT IS HEREBY ORDERED that: 22 1. Defendant’s request for screening of the first amended complaint (Doc. 44) is 23 CONCLUSION AND ORDER GRANTED; 24 2. The Clerk of the Court is DIRECTED to file the first amended complaint; 25 26 27 28 Plaintiff’s first amended complaint was lodged, not filed, with this Court. And Plaintiff did not file a motion for leave to file an amended complaint. Nevertheless, in light of PLRA requirements and Defendant’s request, the Court finds such a motion unnecessary. 1 2 This Court is one of the busiest district courts in the nation. The undersigned and all judges in this district carry heavy caseloads in all manner of cases. Regrettably, delays are unavoidable. 2 1 3. Plaintiff’s first amended complaint will be screened in due course; and 2 4. Once the Court has determined that any amended complaint presents cognizable 3 4 5 6 claims, Defendant will be directed to file a responsive pleading within 30 days. IT IS SO ORDERED. Dated: February 5, 2024 ___________________ _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?