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Charles A. Rogers v. N. Emerson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 19, 2012

CHARLES A. ROGERS,
PLAINTIFF,
v.
N. EMERSON, ET AL.,
DEFENDANTS.

ORDER GRANTING DEFENDANTS' MOTION FOR SCREENING PURSUANT TO 28 U.S.C. § 1915A Doc. 3

On September 5, 2012, Plaintiff Charles A. Rogers ("Plaintiff"), a state prisoner proceeding pro se, filed this civil rights action in California Superior Court, County of Kings, pursuant to 42 U.S.C. § 1983. Doc. 2. On November 7, 2012, Defendants removed this action to Federal Court. Id.

Defendants filed a motion to request that the Court screen Plaintiff's complaint pursuant to 28 U.S.C. § 1915A prior to requiring Defendants to file a responsive pleading. Doc. 3. The Court is required to screen complaints 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 grant Defendants' motion and screen Plaintiff's complaint prior to requiring Defendants to file a responsive pleading. The complaint will be screened in due course.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE

20121119

© 1992-2012 VersusLaw Inc.



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