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Kalif v. Correction Industries

United States District Court, D. New Mexico

March 12, 2019

RASHID TARIQ KALIF, Plaintiff,
v.
CORRECTION INDUSTRIES, et al., Defendants.

          ORDER ON PENDING MOTIONS

         THIS MATTER is before the Court sua sponte on seven pending motions filed by Plaintiff Rashid Tariq Kalif:

1. Motion to Request Evidence (Doc. 4);
2. motion asking for trial by consent (Doc. 8);
3. motion requesting order for pretrial conference and discovery (Doc. 9);
4. Motion to Ask Judge for Public Defender-Civil Litigation (Doc. 10);
5. Motion to Call Witnesses (Doc. 12);
6. Motion to Request Deposition/Discovery (Doc. 13); and
7. Motion to Request Deposition/Discovery (Doc. 14).

         The Court denies the Motion to Request Evidence (Doc. 4), motion asking for trial by consent (Doc. 8), motion requesting order for pretrial conference and discovery (Doc. 9), Motion to Call Witnesses (Doc. 12), Motion to Request Deposition/Discovery (Doc. 13), and Motion to Request Deposition/Discovery (Doc. 14) as premature. Because Plaintiff is a prisoner proceeding pro se, the Court is obligated to conduct a preliminary screening of the Complaint. See 28 U.S.C. § 1915A. Whenever a prisoner brings a civil action against government officials, the Court is obligated to screen the prisoner's complaint or petition. 28 U.S.C. § 1915A. Section 1915A states:

“The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.” . . .
On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint-
(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief.”

28 U.S.C. ยง 1915A(a) and (b). The Court has a similar obligation to screen the complaint when a pro se plaintiff is proceeding without prepayment of fees and ...


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