Magee v. Clark

Full title: RUCHELL C. MAGEE, Plaintiff, v. KEN CLARK, et al., Defendants

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

Date published: Nov 2, 2010

CASE NO. 1:10-cv-02002-SMS (E.D. Cal. Nov. 2, 2010)

Opinion

CASE NO. 1:10-cv-02002-SMS.

November 2, 2010

ORDER GRANTING DEFENDANT COMAITES' REQUEST FOR RELIEF FROM RESPONDING TO THE COMPLAINT, AND FOR A THIRTY-DAY EXTENSION OF TIME TO RESPOND TO THE COMPLAINT, TO COMMENCE UPON ISSUANCE OF SCREENING ORDER (Doc. 4)

SANDRA SNYDER, Magistrate Judge

Plaintiff Ruchell C. Magee is a state prisoner proceeding pro se in this civil action for violation of his rights under 42 U.S.C. § 1983. Defendant Comaites removed this action from Kings County Superior Court on October 21, 2010.¹ 28 U.S.C. § 1441(b). Defendant requests to be relieved of his obligation to respond to the complaint pending screening by the Court pursuant to 28 U.S.C. § 1915A. Fed.R.Civ.P. 81(c)(2). Defendant seeks a thirty-day extension of time to respond to the complaint, to commence upon issuance of the screening order.

1 The status of Defendants Clark and Hubbard is not clear. They did not join in the notice of removal.

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

IT IS SO ORDERED.

Dated: November 1, 2010