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Dent v. Silbaugh

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


April 30, 2009

BRIAN KEITH DENT, PLAINTIFF,
v.
D. SILBAUGH, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. By order filed November 18, 2008, the court determined that plaintiff's second amended complaint stated cognizable claims for relief against defendants D. Silbaugh and H. Murthy and directed defendants to respond to the second amended complaint. On November 26, 2008, defendants Silbaugh and Murthy filed a motion to dismiss the second amended complaint. On December 12, 2008, plaintiff filed an opposition to defendants' motion to dismiss.

On April 8, 2009, plaintiff filed a motion for leave to file a third amended complaint together with a proposed third amended complaint. On April 27, 2009, defendants filed a statement of non-opposition to plaintiff's motion to amend and a notice of withdrawal of their motion to dismiss the second amended complaint. Therein, defendants request that the court screen the third amended complaint pursuant to 28 U.S.C. § 1915A.

The court has screened the third amended complaint pursuant to 28 U.S.C. § 1915A and find that it states cognizable claims for relief against defendants Silbaugh and Murthy.*fn1 Accordingly, defendants Silbaugh and Murthy will be directed to respond to the third amended complaint within ten days from the date of this order.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Defendants' November 26, 2008 motion to dismiss is withdrawn;

2. Plaintiff's April 8, 2009 motion to amend is granted;

3. Plaintiff's third amended complaint states a cognizable claim for relief against defendants D. Silbaugh and H. Murthy; and

4. Within ten days from the date of this order Defendants Silbaugh and Murthy shall respond to the third amended complaint.


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