(PC) Cuellar v. Madera County Sheriff

Filing 10

ORDER DISREGARDING Plaintiff's 8 Request for Declaratory Judgment as Prematurely Filed, signed by Magistrate Judge Gary S. Austin on 1/3/2025. (Deputy Clerk CRM)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRAVIS JUSTIN CUELLAR,

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Plaintiff,

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v.
MADERA COUNTY SHERIFF,

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No. 1:24-cv-01331 GSA (PC)
ORDER DISREGARDING PLAINTIFF’S
REQUEST FOR DECLARATORY
JUDGMENT AS PREMATURELY FILED
ECF No. 8

Defendant.

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Plaintiff, a county jail inmate proceeding pro se, has filed this civil rights action seeking

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relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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Plaintiff has filed a request for declaratory judgment against Defendant as it relates to

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Plaintiff’s right to file grievances; his right to petition the government; his right to access to the

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courts, and a number of other rights and/or entitlements. See, ECF Nos. 8 & 9. Plaintiff also

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filed a copy of his six-month prison trust fund account statement that he was recently ordered to

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file. See, ECF No. 9 at 3.

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The Court notes that this matter has yet to be screened. As a result, it has yet to be

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determined whether Plaintiff’s complaint raises viable claims and can be served on Defendant.

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For these reasons, Plaintiff’s motion for declaratory relief is premature, and it will be disregarded

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as such.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for declaratory judgment

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against Defendant (see ECF No. 8 at 1-3) is hereby DISREGARDED as PREMATURELY

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FILED.

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IT IS SO ORDERED.
Dated:

January 3, 2025

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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