Johnson v. Cate et al

Filing 14

ORDER DENYING 13 Plaintiff's Motion for Screening signed by Magistrate Judge Michael J. Seng on 11/9/2011. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 GARRISON S. JOHNSON, CASE NO. 1:10-cv-803-AWI-MJS (PC) 9 Plaintiff, O RD ER D EN YI NG SCREENING 10 M OT ION FO R v. 11 (ECF No. 13) MATHEW CATE , et al., 12 Defendants. 13 / 14 15 Plaintiff Garrison S. Johnson(“Plaintiff”) is a state prisoner proceeding pro se in this 16 civil rights action pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff’s Motion 17 Requesting a Screening of His Complaint. (ECF No. 13.) Plaintiff alleges that he filed this 18 action one year ago and has heard nothing from the Court. 19 The Court is required to screen complaints brought by prisoners seeking relief 20 against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 21 § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has 22 raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which 23 relief may be granted, or that seek monetary relief from a defendant who is immune from 24 such relief. 28 U.S.C. § 1915A(b)(1),(2). The Court will direct the United States Marshal 25 to serve Plaintiff’s complaint only after the Court has screened the complaint and 26 determined that it contains cognizable claims for relief against the named Defendants. 27 /// 28 1 The Court is aware of Plaintiff’s action and his Compliant is in line for screening. 2 However, the Court has a large number of prisoner civil rights cases pending before it and 3 will screen Plaintiff’s complaint in due course. Until such time as the Court has screened 4 Plaintiff’s Complaint, no further action is required. 5 6 Accordingly, Plaintiff’s Motion Requesting a Screening of His Complaint (ECF No. 13) is DENIED. 7 8 IT IS SO ORDERED. 9 Dated: ci4d6 November 9, 2011 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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