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Case 1:12-cv-00820-AWI-SAB Document 14 Filed 09/20/13 Page 1 of 2

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA





















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LEONARD JOHNSON,

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Plaintiff,

v.

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HUMBERTO RODRIGUEZ,



Defendant.

Case No.: 1:12-cv-00820-AWI-SAB (PC)

ORDER DIRECTING DEFENDANT TO FILE A
RESPONSE TO THE COMPLAINT WITHIN
THIRTY DAYS FROM THE DATE OF SERVICE
OF THIS ORDER

(ECF No. 1)

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Plaintiff Leonard Johnson is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

1983. Defendant removed this action to federal court on May 16, 2012. Along with the notice of

removal, Defendant filed a request seeking that the complaint be screen and to be allowed thirty days

to respond to the complaint from the date of filing the screening order. On July 11, 2013, the Court

granted Defendant’s request for screening and relieved him of the obligation to file a response to the

complaint until ordered to do so by the Court.

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Pursuant to 28 U.S.C. § 1915A(a), the Court has screened the instant complaint and finds it

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states a cognizable claim for excessive force against Defendant Humberto Rodriguez based on

Plaintiff’s allegation that after Defendant Rodriguez handcuffed Plaintiff, he used excessive and

unnecessary force by bending and twisting his wrist and arm causing extreme excruciating pain and

refused his complaints to stop. As a result of the force, Plaintiff suffered extreme physical pain,

mental anguish, and severe emotional distress for which he sought and received medical treatment.



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Case 1:12-cv-00820-AWI-SAB Document 14 Filed 09/20/13 Page 2 of 2

Accordingly, IT IS HEREBY ORDERED that Defendant Humberto Rodriguez file an answer






or other responsive pleading to the instant complaint within thirty (30) days from the date of service

of this order.





IT IS SO ORDERED.

Dated: September 20, 2013





_
UNITED STATES MAGISTRATE JUDGE

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