Hamilton v. Hernandez

Full title: GEORGE HAMILTON, Plaintiff, v. R.J. HERNANDEZ, et al., Defendants

Court: United States District Court, N.D. California

Date published: Mar 3, 2008

No. C 02-05602 SBA (PR) (N.D. Cal. Mar. 3, 2008)

Opinion

No. C 02-05602 SBA (PR).

March 3, 2008

ORDER GRANTING DEFENDANTS' MOTION TO SCREEN AMENDED COMPLAINT PURSUANT TO 28 U.S.C. § 1915A

SAUNDRA ARMSTRONG, District Judge

Defendants, who are represented by the State Attorney General's Office,¹ have filed a motion asking the Court to screen the amended complaint under 28 U.S.C. § 1915A.

1 Deputy Attorney General D. Robert Duncan represents and has acknowledged service on behalf of Defendants Hernandez, Tynes, Lamarque, Hedgpeth, Delaney, Ponder, Sareli, Negrette, Davis, Terhune. Although there are others who are named as Defendants, none of them have been served.

In an Order dated February 8, 2007, the Court lifted the stay in the instant action entered in November, 2002. The action was reopened, and the Court directed Plaintiff to file an amended complaint. After being granted an extension of time to amend the complaint, Plaintiff filed an amended complaint on July 2, 2007. Because this case is filed by a prisoner, the Court must engage in a preliminary screening of the amended complaint pursuant to 28 U.S.C. § 1915A.

Defendants' motion to screen the amended complaint is GRANTED. Accordingly, the Court will conduct its review of the amended complaint pursuant to 28 U.S.C. § 1915A in a separate written Order.

This Order terminates Docket no. 50.

IT IS SO ORDERED.