Alvarez v. Morris Shea Bridge Company

Summary

The United States District Court for the Eastern District of California vacated previously issued Findings and Recommendations recommending dismissal of Sergio Alvarez’s action against Morris Shea Bridge Company. The court explained that the Ninth Circuit had dismissed Alvarez’s appeal in a related case, so the appeal was no longer pending, and stated that the complaint would be screened under 28 U.S.C. § 1915(e)(2) before service.

Holdings

1. Because the appeal in Plaintiff's earlier action was no longer pending, the court vacated the findings and recommendations that had recommended dismissal based on the pending appeal.
2. No summons would issue at that time because the court was required to screen the complaint under 28 U.S.C. § 1915(e)(2) before directing service.

Questions Presented

1. Whether the findings and recommendations recommending dismissal should remain in effect after the Ninth Circuit dismissed the appeal in Plaintiff's earlier action.
2. Whether the court must screen Plaintiff's pro se, in forma pauperis complaint before issuing a summons.

Disposition

vacated