Posadas v. Avenal State Prison, et al.
Filing
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ORDER signed by Magistrate Judge Barbara A. McAuliffe on 11/1/2011 disregarding 13 Letter to the Court filed by Erwin Posadas. (Lundstrom, T)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ERWIN POSADAS,
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CASE NO. 10-cv-01374-SMS PC
Plaintiff,
ORDER DISREGARDING PLAINTIFF’S
LETTER TO THE COURT
vs.
(ECF No. 13)
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AVENAL STATE PRISON, et al.,
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Defendants.
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Plaintiff Erwin Posadas (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint in this action on
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August 2, 2010. On March 30, 2011, Plaintiff filed a letter with the court and an order issued informing
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Plaintiff that a document requesting a court order must be styled as a motion, not a letter. On October
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28, 2011, Plaintiff filed a second letter to the Court. It is unclear from the letter what Plaintiff is
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requesting, thus, Plaintiff’s letter shall be disregarded.
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Plaintiff is informed that 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). The Court screens complaints in the order in which they are filed and strives to avoid delays
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whenever possible. However, there are hundreds of prisoner civil rights cases presently pending before
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the Court, and delays are inevitable despite the Court’s best efforts. Due to the heavy caseload,
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Plaintiff’s complaint is still awaiting screening. The Court is aware of the pendency of this case and will
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screen Plaintiff’s complaint in due course.
Accordingly, it is HEREBY ORDERED that Plaintiff’s letter filed October 28, 2011, is
DISREGARDED.
IT IS SO ORDERED.
Dated:
10c20k
November 1, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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