Whatley v. Valdovinos

Opinion

REGINALD WHATLEY, Case No. 3:18-cv-02761-CAB-BGS Plaintiff, ORDER GRANTING IN PART v. PARTE APPLICATION FOR PLAINTIFF’S SECOND G. VALDOVINOS, et al., AMENDED COMPLAINT AND EXTENSION OF TIME TO FILE Defendants. RESPONSIVE PLEADING [Doc. No. 43.]

On April 6, 2020 Defendant G. Valdovinos applied ex parte for (1) the Court to screen Plaintiff Reginald Whatley’s Second Amended Complaint (SAC); and (2) an extension of time to file a responsive pleading to the SAC. [Doc. No. 43.] The Court HEREBY ORDERS: 1) The application for the court to screen the SAC is DENIED as the requested relief is inappropriate. See Rincon v. Cate, 2011 WL 1642615, at *1-2 (S.D. Cal. Apr. 29, 2011)(“nothing in . . . §1915A permits Defendants to request the Court do anything sua sponte). 2) Defendant Valdovinos’ request for an extension of time to file a responsive pleading to the SAC is GRANTED. Defendant Valdovinos’ responsive ] pleading to the SAC will be suspended until such time as the SAC has been served on Defendant Romero; then Defendant Valdovinos’ responsive pleading deadline will be the same as Defendant Romero’s responsive pleading deadline based on the date of service of the SAC (by waiver or otherwise). Dated: April 7, 2020

Hon. Cathy Ann Bencivengo United States District Judge