(PC) Doe v. Johnson et al

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 8/29/2024 ORDERING that The parties' stipulation is GRANTED in part and DENIED in part; The request that defendants have until 9/27/2024, to file any objections to Plaintiff's motion to proceed under a pseudonym is GRANTED; and The request for an extension of time for defendants to respond to the complaint is DENIED as unnecessary. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JANE DOE,

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No. 2:24-cv-1542 DJC AC P
Plaintiff,

v.

ORDER

MARCUS JOHNSON, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant

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to 42 U.S.C. § 1983. The parties have filed a stipulation for an extension of time for defendants

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Macomber, Hickethier, Gonzalez, Parker, Kent, and Montes to respond to the first amended

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complaint and to file any objections or a stipulation to the motion to proceed under a pseudonym.

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ECF No. 17.

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The request will be granted as to the time to file objections to the motion to proceed under

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a pseudonym. However, the court is required to screen complaints brought by prisoners seeking

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relief against “a governmental entity or officer or employee of a governmental entity,” 28 U.S.C.

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§ 1915A(a), regardless of whether plaintiff is represented by counsel, In re Prison Litig. Reform

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Act, 105 F.3d 1131, 1134 (6th Cir. 1997) (“District courts are required to screen all civil cases

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brought by prisoners, regardless of whether the inmate paid the full filing fee, is a pauper, is pro

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se, or is represented by counsel, as [§ 1915A] does not differentiate between civil actions brought
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by prisoners.”). Therefore, because the complaint has yet to be screened, the stipulated request

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for an extension of time to file a response to the complaint will be denied and a deadline for filing

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a response will be set once the complaint is screened.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The parties’ stipulation is GRANTED in part and DENIED in part;

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2. The request that defendants have until September 27, 2024, to file any objections to

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plaintiff’s motion to proceed under a pseudonym is GRANTED; and
3. The request for an extension of time for defendants to respond to the complaint is

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DENIED as unnecessary.

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DATED: August 29, 2024

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