Nguyen v. Biter et al

Filing 137

ORDER Granting Motions to File Supplemental Complaint and Directing Clerk's Office to File in Second Supplemental Complaint re 115 , 130 , signed by Magistrate Judge Sheila K. Oberto on 03/24/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY NGUYEN,

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Plaintiff,
v.

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ORDER GRANTING MOTIONS TO FILE
SUPPLEMENTAL COMPLAINT AND
DIRECTING CLERK’S OFFICE TO FILE IN
SECOND SUPPLEMENTAL COMPLAINT

M. D. BITER,

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Case No. 1:11-cv-00809-AWI-SKO (PC)

Defendant.
_____________________________________/

(Doc. 115 and 130)
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Plaintiff Anthony Nguyen (“Plaintiff”), a state prisoner proceeding pro se and in forma

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17 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 18, 2011. This action
18 is proceeding against Defendant M. D. Biter (“Defendant”) for violation of the Eighth Amendment
19 of the United States Constitution, a claim which arises from Plaintiff’s allegations that he was
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20 exposed to arsenic-contaminated water while at Kern Valley State Prison in Delano, California.

On September 15, 2014, Plaintiff filed a motion seeking leave to file a supplemental

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22 complaint. Fed. R. Civ. P. 15(d). On January 20, 2015, Plaintiff filed a second motion for leave
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23 to file a supplemental complaint, accompanied by the proposed second supplement. On February

24 6, 2015, Defendant filed a notice of non-opposition. Local Rule 230(l).
Plaintiff seeks leave to supplement his complaint to add facts relating to recent medical

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26 treatment, facts he contends are relevant to his arsenic exposure claim. Given the nature of the
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Plaintiff is presently incarcerated at California State Prison-Centinela in Imperial.

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Plaintiff filed a first supplemental complaint on February 26, 2013. (Doc. 76.)

1 proposed supplemental pleading, Plaintiff’s motions for leave to file a supplemental complaint are
2 HEREBY GRANTED and the Clerk’s Office shall file in the proposed second supplemental
3 complaint (doc. 130, pp. 2-6). Fed. R. Civ. P. 15(d).
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IT IS SO ORDERED.
Dated:

March 24, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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