Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Anderson v. Thomas

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 30, 2009

JULIUS ANDERSON, PLAINTIFF,
v.
J. THOMAS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Defendants removed this action from state court. On June 5, 2008, plaintiff filed a second amended complaint. Defendants have requested that the court screen the complaint pursuant to 28 U.S.C. § 1915A and that the court stay the time to respond to the first amended complaint.

The court finds that, for the limited purposes of § 1915A screening, the complaint states claims that: (1) defendants Thomas, Murray, and Turner interfered with plaintiff's serious medical needs in retaliation for plaintiff's having filed lawsuits and/or grievances; (2) Thomas, Murray, and Turner interfered with a physician's prescribed care following knee surgery in violation of the Eighth Amendment; and (3) Thomas, Murray and Turner were negligent under state law in how they treated plaintiff following plaintiff's knee surgery. See 42 U.S.C. § 1983, 28 U.S.C. § 1915A(b); 28 U.S.C. § 1367(a).

Accordingly, it hereby is ORDERED that:

1. Defendants' June 20, 2008, request that the court review plaintiff's complaint and stay the time for responding to the first amended complaint is granted;

2. Defendants need not respond to the first amended complaint; and

3. Within 30 days from the date of this order, defendants Thomas, Murray and Turner shall file and serve a response to the June 5, 2008, second amended complaint.

20090430

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.