Medina v. Kernan, 1:19-cv-0345-DAD-JLT. (2019)
Court: District Court, E.D. California
Number: infdco20190416a42
Visitors: 12
Filed: Apr. 15, 2019
Latest Update: Apr. 15, 2019
Summary: ORDER GRANTING DEFENDANTS' REQUEST FOR SCREENING AND AN EXTENSION OF TIME (Doc 11) JENNIFER L. THURSTON , Magistrate Judge . On April 10, 2019, Defendants filed a request for screening of the Second Amended Complaint in this action pursuant to 28 U.S.C. 1915A(a). (Doc. 11) Defendants assert that "[t]he plain language of the statute requires that the Court screen all complaints brought on behalf of prisoners, regardless if the prisoner has counsel or is proceeding pro se. ( Id. at 2) Def
Summary: ORDER GRANTING DEFENDANTS' REQUEST FOR SCREENING AND AN EXTENSION OF TIME (Doc 11) JENNIFER L. THURSTON , Magistrate Judge . On April 10, 2019, Defendants filed a request for screening of the Second Amended Complaint in this action pursuant to 28 U.S.C. 1915A(a). (Doc. 11) Defendants assert that "[t]he plain language of the statute requires that the Court screen all complaints brought on behalf of prisoners, regardless if the prisoner has counsel or is proceeding pro se. ( Id. at 2) Defe..
More
ORDER GRANTING DEFENDANTS' REQUEST FOR SCREENING AND AN EXTENSION OF TIME
(Doc 11)
JENNIFER L. THURSTON, Magistrate Judge.
On April 10, 2019, Defendants filed a request for screening of the Second Amended Complaint in this action pursuant to 28 U.S.C. 1915A(a). (Doc. 11) Defendants assert that "[t]he plain language of the statute requires that the Court screen all complaints brought on behalf of prisoners, regardless if the prisoner has counsel or is proceeding pro se. (Id. at 2) Defendants observe: "This Court routinely screens complaints brought by prisoners who are represented by counsel." (Id. at 3, citing, e.g., Martinez v. Beard, et al., 2014 WL 5305883, at n.1 (E.D. Cal. Oct. 15, 2014) (granting the defendants' request for screening despite representation by counsel). In addition, the defendants request "a thirty-day extension of time to respond to Plaintiff's Second Amended Complaint following the issuance of the screening order." (Id.)
Good cause appearing, the Court ORDERS:
1. Defendants' request for a screening is GRANTED1
2. Defendants' request for an extension of time is GRANTED; and
3. Defendants SHALL file an answer to the Second Amended Complaint within thirty days of any order addressing the merits of the Second Amended Complaint.
IT IS SO ORDERED.
FootNotes
1. Court will screen the Second Amended Complaint as soon as is practicable.
Source: Leagle
