Fraher v. Heyne et al

Filing 42

ORDER GRANTING Plaintiff's Motion for Resolution of Issues 32 , signed by Magistrate Judge Michael J. Seng on 2/13/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CECILIA FRAHER,

CASE No. 1:10-cv-0951-LJO-MJS (PC)

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Plaintiff,

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ORDER GRANTING PLAINTIFF’S MOTION
FOR RESOLUTION OF ISSUES

v.
(ECF No. 32)

13 DR. S. HEYNE, et al.
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Defendants.
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Plaintiff Cecilia Fraher (“Plaintiff”) is a state prisoner proceeding pro se in this civil

18 rights action pursuant to 42 U.S.C. § 1983.
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Plaintiff initiated this action on May 27, 2010. (Compl., ECF No. 1.) The Court

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screened Plaintiff’s initial Complaint and ordered Plaintiff to e file a new complaint or notify
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the Court if she was willing to proceed on her cognizable claim. (ECF No. 8.) Plaintiff filed

23 a First Amended Complaint which the Court dismissed, with leave to amend, for failure to
24 state a claim. (ECF Nos. 9 & 10.) Plaintiff filed a Second Amended Complaint. (Am.
25 Compl., ECF No. 13.) The Court found that Plaintiff’s Second Amended Complaint stated
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a claim under the Eighth Amendment to the United States Constitution against Defendants

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1 Le and Mitchell for failing to provide her with adequate medical care. (ECF No. 14.) The
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Court directed these Defendants be served. (ECF No. 16.) Defendants Le and Mitchell
have since fined an Answer and this matter is currently proceeding through discovery. (ECF

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Nos. 25 & 28.)
On November 14, 2012, Plaintiff filed a motion requesting that the Court issue

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7 decisions on her pending motions to amend (ECF No. 26) and for injunctive relief (ECF No.
8 27). The Court has since issued decisions on both of these motions. (ECF Nos. 36 & 37.)
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Accordingly, Plaintiff’s motion is GRANTED.

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IT IS SO ORDERED.
Dated:

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February 13, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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