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Lonnie Donell Perkins v. R. Crum

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 22, 2011

LONNIE DONELL PERKINS,
PLAINTIFF,
v.
R. CRUM, ET AL., DEFENDANTS.

ORDER DENYING PLAINTIFF'S MOTIONS REQUESTING SCREENING (ECF Nos. 7 & 8)

ORDER

Plaintiff Lonnie Donell Perkins ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June 21, 2010 and consented to Magistrate Judge jurisdiction on July 26, 2010. (ECF Nos. 1 & 5.) Plaintiff's Complaint has not been screened. Pending before the Court now are Plaintiff's Motions for Screening and Demand for Jury Trial, asking the Court to screen his complaint. (ECF Nos. 7 & 8.)

The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). The Court will direct the United States Marshal to serve Plaintiff's complaint only after the Court has screened the complaint and determined that it contains cognizable claims for relief against the named Defendants. The Court has a large number of prisoner civil rights cases pending before it and will screen Plaintiff's complaint in due course.

Accordingly, Plaintiff's Motions for Screening are DENIED.

IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE

20110422

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