Huckabee v. Medical Staff at CSATF et al

Filing 166

ORDER denying 95 Motion to Dismiss the second amended complaint as moot signed by District Judge Lawrence J. O'Neill on 8/18/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY CRAIG HUCKABEE,

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Plaintiff,

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v.
MEDICAL STAFF at CSATF, et al.,

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Defendants.

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1:09-cv-00749-LJO-BAM (PC)
ORDER DENYING DEFENDANT
JEFFREYS’ MOTION TO DIMSISS THE
SECOND AMENDED COMPLAINT AS
MOOT
(ECF No. 95)

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Plaintiff Anthony Craig Huckabee (“Plaintiff”), a state prisoner proceeding pro se and in

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forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On August 21, 2012,

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Plaintiff filed a second amended complaint. (ECF No. 33.) This action proceeds against

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Defendants McGuiness, Wu, Nguyen, Jimenez, Jeffreys, Chief Medical Officer at CSATF, and

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Chief Pharmacist at CSATF.1 On December 9, 2013, Defendant Jeffreys filed a motion to

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dismiss the second amended complaint pursuant to Federal Rule of Civil Procedure 12(b) for

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failure to state a claim against him. (ECF No. 95.)
On July 9, 2014, Plaintiff lodged a third amended complaint. (ECF No. 158.) On July

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16, 2014, Defendants McGuiness, Wu, Jeffreys and Nguyen filed a statement of non-opposition

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to Plaintiff’s filing of a third amended complaint. (ECF No. 160.) On July 21, 2014, the Court

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construed Plaintiff’s lodged third amended complaint as a request for leave to amend. Given

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Defendants’ stated non-opposition, the Court granted Plaintiff’s request and directed him to file a

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Defendant Jimenez has not been served or appeared yet in this action.
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comprehensive third amended complaint within thirty days. (ECF No. 162.) On August 14,

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2014, Plaintiff filed his third amended complaint. (ECF No. 165.)

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As Plaintiff has filed a third amended complaint, Defendant Jeffreys’ motion to dismiss

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the second amended complaint is DENIED as moot. The Court will screen Plaintiff’s third

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amended complaint in due course.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

August 18, 2014

UNITED STATES DISTRICT JUDGE

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