Draper v. Rosairo et al

Filing 55

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/18/2012 ORDERING for the purposes of 1915A screening, 49 Amended Prisoner Civil Rights Complaint filed by John Clint Draper states a cognizable Eighth Amendment excessive force claim against defendant Rosario; 54 Jury Demand filed by John Clint Draper is DISREGARDED. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN CLINT DRAPER,
Plaintiff,

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vs.

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No. 2:10-cv-0032 KJM EFB P

D. ROSARIO, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. In accordance with the order filed March 30, 2012, plaintiff has filed an

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amended complaint. Dckt. No. 49. Plaintiff has also filed a request for production of

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documents. Dckt. No. 54.
Pursuant to 28 U.S.C. § 1915A, the court shall review “a complaint in a civil action in

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which a prisoner seeks redress from a governmental entity or officer or employee of a

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governmental entity.” 28 U.S.C. § 1915A(a). “On review, the court shall identify cognizable

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claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous,

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malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief

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from a defendant who is immune from such relief.” Id. § 1915A(b).

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The court finds that for purposes of § 1915A screening, the April 26, 2012 amended

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complaint states a cognizable Eighth Amendment excessive force claim against defendant

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Rosario.

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On June 4, 2012, plaintiff filed a request for production of documents with the court.

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Plaintiff is hereby informed that he must serve discovery documents on a defendant rather than

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filing them with the court. Pursuant to this court’s local rules, interrogatories, requests for

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production, requests for admission, and responses thereto “shall not be filed with the clerk”

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unless there is a proceeding that puts the discovery document at issue. See E.D. Cal. Local Rules

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250.2-250.4. Further, when a discovery document is at issue, only the part of the request or

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response at issue “shall be filed.” Id. At this time, there is no proceeding before the court that

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requires plaintiff’s request for production of documents (or an accompanying affidavit) for its

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resolution. Plaintiff’s filing will therefore be disregarded.

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In accordance with the above, it is hereby ordered that:

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1. For purposes of § 1915A screening, the April 26, 2012 amended complaint (Dckt. No.

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49) states a cognizable Eighth Amendment excessive force claim against defendant Rosario.
2. Plaintiff’s June 4, 2012 filing (Dckt. No. 54), is disregarded and the Clerk of the Court

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shall make a notation on the docket to that effect.

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DATED: June 18, 2012.

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