Franklin v. N.M. Dep't of Corr., 18-cv-1099 WJ/SMV. (2018)
Court: District Court, D. New Mexico
Number: infdco20181128e73
Visitors: 13
Filed: Nov. 27, 2018
Latest Update: Nov. 27, 2018
Summary: ORDER EXCUSING DEFENDANTS FROM LITIGATION OBLIGATIONS UNTIL FURTHER ORDER OF THE COURT STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on Plaintiffs' pro se Civil Complaint [Doc. 1-1], filed September 7, 2018. Defendant Centurion Correctional Healthcare of New Mexico, LLC, removed the case to this Court on November 26, 2018. [Doc. 1]. Because Plaintiffs are inmates who seek redress from the government, the Court must screen the Complaint pursuant to 28 U.S.C. 1915A
Summary: ORDER EXCUSING DEFENDANTS FROM LITIGATION OBLIGATIONS UNTIL FURTHER ORDER OF THE COURT STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on Plaintiffs' pro se Civil Complaint [Doc. 1-1], filed September 7, 2018. Defendant Centurion Correctional Healthcare of New Mexico, LLC, removed the case to this Court on November 26, 2018. [Doc. 1]. Because Plaintiffs are inmates who seek redress from the government, the Court must screen the Complaint pursuant to 28 U.S.C. 1915A...
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ORDER EXCUSING DEFENDANTS FROM LITIGATION OBLIGATIONS UNTIL FURTHER ORDER OF THE COURT
STEPHAN M. VIDMAR, Magistrate Judge.
THIS MATTER is before the Court on Plaintiffs' pro se Civil Complaint [Doc. 1-1], filed September 7, 2018. Defendant Centurion Correctional Healthcare of New Mexico, LLC, removed the case to this Court on November 26, 2018. [Doc. 1]. Because Plaintiffs are inmates who seek redress from the government, the Court must screen the Complaint pursuant to 28 U.S.C. § 1915A. Sua sponte dismissal is required if the Complaint fails to state a cognizable claim or seeks monetary relief from a defendant who is immune. 28 U.S.C. §1915A(b) (2012). Defendants may decline to respond to the Complaint until the Court orders them to do so. 42 U.S.C. § 1997e(g)(1)-(2) (2013). Inmate petitions are also excluded from pre-trial case management procedures, including discovery obligations, under the Court's local rules. See D.N.M.LR-Civ.16.3(d).
IT IS THEREFORE ORDERED that until further order by the Court, Defendants are excused from any litigation obligations, including responding to the Complaint or any filing by a party. Once screening is complete, the Court will enter a separate order either dismissing the Complaint or setting further deadlines.
FootNotes
1. Plaintiffs incorrectly identified Defendant Centurion Correctional Healthcare of New Mexico, LLC, in their Complaint as Centurion Medical Services. See [Doc. 1] at 1.
Source: Leagle
