Bender v. Sullivan et al
Filing
12
ORDER DENYING 7 , 8 Motions signed by Magistrate Judge Sandra M. Snyder on 3/1/2010. Plaintiffs motion requesting screening of his complaint is DENIED; and Plaintiffs motion requesting a change from Magistrate Judge to District Judge is DENIED. (Bradley, A)
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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Floyd Eugene Bender ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to jurisdiction by U.S. Magistrate Judge. Before the Court are two motions filed by Plaintiff. On June 23, 2009, Plaintiff filed a motion requesting that the Court screen Plaintiff's complaint. The Court is required to screen complaints from prisoners pursuant to 28 U.S.C. § 1915A. Plaintiff is advised that it is not necessary to file a motion requesting screening of his complaint. The Court has many civil rights complaints from prisoner litigants on its docket. Filing a motion requesting screening has no effect on how quickly a complaint is screened. Further, the Court notes that Plaintiff's complaint was screened on February 19, 2010. Accordingly, Plaintiff's motion will be denied. On June 23, 2009, Plaintiff also filed a motion "to Change Judge from Magistrat[e] to District Judge." Plaintiff offers no legal authority or argument that permits Plaintiff to request a change in the judge who presides over this action. Absent any legal authority that permits Plaintiff to request this type of action, the Court will deny Plaintiff's request. 1 v. W.J. SULLIVAN, et al., Defendants. / FLOYD EUGENE BENDER, Plaintiff, CASE NO. 1:09-cv-00576-YNP PC ORDER DENYING MOTIONS (Doc. 7, 8)
UNITED STATES DISTRICT COURT
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Accordingly, it is HEREBY ORDERED that: 1. 2. Plaintiff's motion requesting screening of his complaint is DENIED; and Plaintiff's motion requesting a change from Magistrate Judge to District Judge is DENIED.
IT IS SO ORDERED. Dated: icido3 March 1, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE
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