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Ford v. State

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


October 30, 2010

RAY BYRON FORD, PLAINTIFF,
v.
STATE OF CALIFORNIA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DENYING REQUEST FOR COURT TO SCREEN PLAINTIFF'S COMPLAINT AND GRANTING EXTENSION OF TIME TO FILE RESPONSIVE PLEADING

(ECF No. 8)

Plaintiff Ray Bryon Ford ("Plaintiff") is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Defendants removed the case to this Court on April 20, 2010. Before the Court is Defendants' "Request for the Court to Screen Plaintiff's Complaint Under 28 U.S.C. § 1915(A)(a) [sic]." (ECF No. 8.)

28 U.S.C. § 1915A(a) states: "The court shall review . . . a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity." The plain language of this provision makes it clear that the Court is obliged to screen the complaint regardless of whether a governmental entity, officer, or employer requests that it do so. The Court assumes that Defendants are aware of the self-executing nature of § 1915A(a) and, therefore, construes the instant motion as a request for immediate screening of the Plaintiff's Complaint.

Currently, this Court has a large number of prisoner civil rights cases pending before it. Plaintiff's complaint is in line to be screened by the Court, and the Court will not move Plaintiff's Complaint to the front of the line.

Defendants also ask the Court to allow them to delay filing a responsive pleading until thirty days after the Court issues its screening order.*fn1 The Court GRANTS this request. Defendants' deadline to file a responsive pleading is extended until thirty days after the Court issues an order finding that Plaintiff has stated a cognizable claim.

IT IS SO ORDERED.


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