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Durrell Anthony Puckett v. Corcoran Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 22, 2011

DURRELL ANTHONY PUCKETT,
PLAINTIFF,
v.
CORCORAN PRISON, ET AL.,
DEFENDANTS.

ORDER DENYING REQUEST FOR COURT TO SCREEN PLAINTIFF'S COMPLAINT (ECF No. 7)

ORDER GRANTING EXTENSION OF TIME FOR DEFENDANTS' RESPONSIVE PLEADING

ORDER

Plaintiff Durrell Anthony Puckett ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff originally filed the action in Kings County Superior Court as case No. 11C0238 on June 14, 2011. (ECF No. 1.) Defendants removed this action on September 13, 2011. (Id.) On September 20, 2011, Defendants filed a request seeking to have the complaint screened and to be allowed thirty days from the date of the screening order to respond to the complaint. (ECF No. 7.)

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 screens complaints in the order in which they are filed and strives to avoid delays whenever possible. However, there are hundreds of prisoner civil rights cases presently pending before the court, and delays are inevitable despite the Court's best efforts. Thus, Defendants' request to have the complaint screened immediately is DENIED.

The Court will grant Defendants' request that they be relieved from the obligation to file a responsive pleading until thirty days after the complaint is screened.

Defendants' request is HEREBY GRANTED IN PART, and Defendants shall have thirty (30) days to file a response to the complaint, to commence upon issuance of the screening order.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE

20110922

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