Baldwin

(PC) Garcia v. Baldwin

Good Law
United States District Court, Eastern District of CaliforniaSeptember 9, 20201:19-cv-00184California429 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

GUILLERMO GARCIA, ) Case No.: 1:19-cv-00184-DAD-SAB (PC) ) Plaintiff, ) ) ORDER VACATING ORDER TO v. ) SHOW CAUSE

M. BALDWIN, et.al., ) (ECF Nos. 38, 51) ) Defendants. ) ) ) ) )

Plaintiff Guillermo Garcia is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On February 18, 2020, the Court issued a second screening order directing Plaintiff to show cause why certain claims were not barred by the statute of limitations. (ECF No. 38.) Currently before the Court is Plaintiff’s response to the Court’s second screening order, filed on August 24, 2020. (ECF No. 51.) Although the statute of limitations is an affirmative defense that normally may not be raised by the Court sua sponte, it may be grounds for sua sponte dismissal of an in forma pauperis complaint where the defense is complete and obvious from…

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