CDCR

(PC) Trujillo v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaSeptember 19, 20232:23-cv-01531California286 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LARRY TRUJILLO, Case No. 2:23-cv-01531-JDP (PC) Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 17 Plaintiff, a represented prisoner, brings this civil rights action against CDCR and various prison medical personnel. ECF No. 1. Before the court had an opportunity to screen the complaint—as required by 28 U.S.C. § 1915A—CDCR filed a motion to dismiss. ECF No. 6. The court is required to screen all actions brought by prisoners who seek relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A. As the court has yet to screen plaintiff’s complaint, CDCR’s motion to dismiss is denied as premature. See Gibbons v. Arpaio, No. cv 07-1456 PHX SMM (JCG), 2007 WL 2990151, at *2 (D. AZ. Oct. 11, 2007) (denying a motion to dismiss as premature because the court had not screened the complaint); Rodriguez v. Taiarol, No. 2:21-cv-1958-DB…

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