(PC) Harris v. Parks ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TEVIN LEE HARRIS, Case No. 1:19-cv-00429-JLT-HBK (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S CONSTRUED MOTION TO INITIATE 13 v. SCREENING 14 E. PARKS, ORDER GRANTING PLAINTIFF’S CONSTRUED MOTION REQUESTING 15 Defendant. RECEIPT OF HIS CHANGE OF ADDRESS 16 17 (Doc. No. 45) 18 19 Plaintiff, Tevin Harris, is a current state prisoner proceeding pro se and in forma pauperis 20 on his Third Amended Complaint (“TAC”) filed under 42 U.S.C. § 1983. (Doc. Nos. 9, 41). 21 Pending before the Court is Plaintiff’s pleading seeking judicial notice which the Court construes 22 as a motion requesting the Court to screen his TAC and acknowledge that the Clerk received his 23 notice of his change of address. (Doc. No. 45 at 1). 24 District courts possess inherent authority not governed “by rule or statute, but by control 25 necessarily vested in courts to manage their own affairs so as to achieve the orderly and 26 expeditious disposition of cases.” Dietz v. Bouldin, 136 S. Ct. 1885, 1892 (2016) (citations 27 omitted). And while this Court endeavors to handle all matters as expeditiously as possible, it has 28 “one of the heaviest caseloads in the nation” and operates under a declared judicial emergency 1 | due to unfilled judicial vacancies, which is further exacerbated by the Covid-19 pandemic. See 2 | Amended Standing Order in Light of Ongoing Judicial Emergency in the Eastern District of 3 | California. This order effectively grants Plaintiff's motion to the extent the Court acknowledges 4 | Plaintiff's TAC is pending and requires screening. The Court also confirms that the Clerk 5 | received and docketed Plaintiff's notice of his change of address on March 18, 2022. (Doc. No. 6 | 44). Plaintiff should note any future motions seeking to “move the case along” will have the 7 | opposite effect, as the court will be forced to divert its attention from screening to addressing such 8 | motions. 9 Accordingly, it is ORDERED: 10 1. Plaintiff's construed motion for a screening order (Doc. No. 45) is GRANTED to 11 | the extent a screening order will be forthcoming. 12 2. Plaintiff's construed motion requesting confirmation of his notice of his change of 13 | address (Doc. No. 45) is GRANTED to the extent that the Court confirms that the Clerk received 14 | and docketed Plaintiffs notice of a change of address on March 18, 2022. 15 '© | Dated: __June 7, 2022 Mila Wh fareh Base 17 HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28