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