Guevara v. Smith, et al.

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 7/10/2017 ORDERING, within 7 days, plaintiff must notify the court whether he was a prisoner at the time he filed the complaint. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ABIUD VALENCIA GUEVARA, 12 13 14 15 No. 2:17-cv-1820 AC P Plaintiff, v. ORDER ROBERT SMITH, et al., Defendants. 16 17 Plaintiff, proceeding through counsel, has filed a civil rights action pursuant to 42 U.S.C. 18 § 1983. ECF No. 1. In the complaint, plaintiff alleges that his rights under the Eighth 19 Amendment were violated by prison medical staff. Id. The court is required to screen complaints 20 brought by prisoners seeking relief against a governmental entity or officer or employee of a 21 governmental entity. 28 U.S.C. § 1915A(a). “[A] court may screen a complaint pursuant to 28 22 U.S.C. § 1915A only if, at the time the plaintiff files the complaint, he is ‘incarcerated or detained 23 in any facility [because he] is accused of, convicted of, sentenced for, or adjudicated delinquent 24 for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or 25 diversionary program.’” Olivas v. Nev. ex rel. Dep’t of Corr., 856 F.3d 1281, 1284 (9th Cir. 26 2017) (quoting 28 U.S.C. § 1915A). Because it is unclear whether plaintiff was a prisoner at the 27 time he filed the complaint, the court is unable to determine whether the complaint is subject to 28 screening under § 1915A. 1 1 Accordingly, IT IS HEREBY ORDERED that within seven days of the filing of this 2 order, plaintiff must notify the court whether he was a prisoner at the time he filed the complaint. 3 If plaintiff was a prisoner, the court will proceed to screen the complaint in due course. If 4 plaintiff was not a prisoner, he must proceed with serving the complaint. 5 DATED: July 10, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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