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Garcia v. Powell

United States District Court, Eastern District of California
Jun 21, 2022
1:22-cv-00730-EPG (PC) (E.D. Cal. Jun. 21, 2022)

Opinion

1:22-cv-00730-EPG (PC)

06-21-2022

URIEL GARCIA, Plaintiff, v. K. POWELL, et al., Defendants.


ORDER RE: DEFENDANTS' REQUEST FOR SCREENING ORDER UNDER 28 U.S.C. §1915A AND FOR EXTENSION OF TIME TO FILE DEFENDANTS' RESPONSIVE PLEADING (ECF No. 2)

On June 15, 2022, Defendants removed this case from Kings County Superior Court. (ECF No. 1). On that same day, Defendants filed a request for screening under 28 U.S.C. § 1915A and for an extension of time to file their responsive pleading. (ECF No. 2).

The Court would ordinarily grant the request. However, on June 16, 2022, the Court issued an order directing Defendants to show cause why this case should not be remanded to Kings County Superior Court because this Court lacks jurisdiction over the case. (ECF No. 5). If the case is remanded, the Court will not screen the complaint and Defendants must file their responsive pleading in compliance with applicable state law and procedure.

Accordingly, IT IS HEREBY ORDERED that:

1. If this case is not remanded to Kings County Superior Court, the Court will screen Plaintiff's complaint in due course.

2. Defendants have thirty days from the date of the screening order to file a responsive pleading as to those portions of the complaint that remain after this Court's screening. However, if the case is remanded to Kings County Superior Court, Defendants shall file their responsive pleading in compliance with applicable state law and procedure.

IT IS SO ORDERED.


Summaries of

Garcia v. Powell

United States District Court, Eastern District of California
Jun 21, 2022
1:22-cv-00730-EPG (PC) (E.D. Cal. Jun. 21, 2022)
Case details for

Garcia v. Powell

Case Details

Full title:URIEL GARCIA, Plaintiff, v. K. POWELL, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 21, 2022

Citations

1:22-cv-00730-EPG (PC) (E.D. Cal. Jun. 21, 2022)