(PC) Trujillo v. CDCR ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY TRUJILLO, Case No. 2:23-cv-01531-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a represented prisoner, brings this civil rights action against CDCR and various 19 prison medical personnel. ECF No. 1. Before the court had an opportunity to screen the 20 complaint—as required by 28 U.S.C. § 1915A—CDCR filed a motion to dismiss. ECF No. 6. 21 The court is required to screen all actions brought by prisoners who seek relief against a 22 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A. As the 23 court has yet to screen plaintiff’s complaint, CDCR’s motion to dismiss is denied as premature. 24 See Gibbons v. Arpaio, No. cv 07-1456 PHX SMM (JCG), 2007 WL 2990151, at *2 (D. AZ. Oct. 25 11, 2007) (denying a motion to dismiss as premature because the court had not screened the 26 complaint); Rodriguez v. Taiarol, No. 2:21-cv-1958-DB (P), 2023 WL 2432490, at *1 (E.D. Cal. 27 Mar. 9, 2023) (same). The court will screen the complaint in due course and defendant may 28 1 | renew its motion to dismiss if appropriate. 2 Accordingly, it is hereby ORDERED that CDCR’s motion to dismiss, ECF No. 6, is 3 | denied without prejudice to renewal after the court has screened the complaint. 4 5 IT IS SO ORDERED. Dated: _ September 19, 2023 Q————. 7 JEREMY D. PETERSON 8 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28