MORRIS v. NANGALAMA, 2:12-cv-1202 MCE KJN P. (2015)
Court: District Court, E.D. California
Number: infdco20150527970
Visitors: 6
Filed: May 26, 2015
Latest Update: May 26, 2015
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 U.S.C. 1983. In Plaintiff's Second Amended Complaint, Plaintiff raised potentially cognizable claims against a defendant identified as "Vu," and included no charging allegations as to a defendant identified as "Dr. Duc." Subsequently, Dr. Duc was dismissed by the Court (ECF No. 48), and the assigned magistrate judge ordered counsel for Defenda
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 U.S.C. 1983. In Plaintiff's Second Amended Complaint, Plaintiff raised potentially cognizable claims against a defendant identified as "Vu," and included no charging allegations as to a defendant identified as "Dr. Duc." Subsequently, Dr. Duc was dismissed by the Court (ECF No. 48), and the assigned magistrate judge ordered counsel for Defendan..
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ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 U.S.C. § 1983. In Plaintiff's Second Amended Complaint, Plaintiff raised potentially cognizable claims against a defendant identified as "Vu," and included no charging allegations as to a defendant identified as "Dr. Duc." Subsequently, Dr. Duc was dismissed by the Court (ECF No. 48), and the assigned magistrate judge ordered counsel for Defendants to assist Plaintiff in locating a Dr. Vu in order to accomplish service of process. ECF No. 58. During such efforts, Defendants discovered that a "Dr. Vuong Duc" had previously reviewed an appeal from Plaintiff and prescribed medication for Plaintiff. ECF No. 66 at 3.
Plaintiff has now filed a Third Amended Complaint in which he has substituted his potentially cognizable claims against Defendant Vu for the individual now identified as "Dr. Vu Duc."
Accordingly, the Court's dismissal of Dr. Duc (ECF No. 48) is VACATED.
IT IS SO ORDERED.
Source: Leagle
