Nogueras v. Nicoles

Filing 23

ORDER DEEMING Amended Complaint Amended to Substitute Augustina Ojukwu in Place of Tina Nicoles as Defendant, and DIRECTING Clerk's Office to Amend Court Records to Reflect Substitution signed by Magistrate Judge Sheila K. Oberto on 7/27/2014. Augustina Ojukwu added. Tina Nicoles (Registered Nurse) terminated. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EUGENIO LUIS NOGUERAS,
Plaintiff,

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v.

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TINA NICOLES,
Defendant.

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Case No. 1:14-cv-00470-SKO (PC)
ORDER DEEMING AMENDED
COMPLAINT AMENDED TO SUBSTITUTE
AUGUSTINA OJUKWU IN PLACE OF
TINA NICOLES AS DEFENDANT, AND
DIRECTING CLERK’S OFFICE AMEND
COURT RECORDS TO REFLECT
SUBSTITUTION
(Docs. 13, 19 and 21)

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_____________________________________/
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Plaintiff Eugenio Luis Nogueras, a former state prisoner proceeding pro se and in forma

18 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 21, 2012. This
19 action for damages is proceeding against Defendant Tina Nicoles for violating Plaintiff’s rights
20 under the Eighth Amendment of the United States Constitution.
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On May 9, 2014, the Court directed the United States Marshal to initiate service of process

22 on Defendant Nicoles. The USM returned service unexecuted on May 29, 2014, on the basis that
23 the California Department of Corrections and Rehabilitation was unable to identify any such
24 employee. On June 3, 2014, Plaintiff was ordered to submit further information regarding the
25 identity of Defendant Nicoles, preferably in the form a medical or appeal record containing
26 Defendant’s name.
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Plaintiff filed a response to the order on July 7, 2014, and based on the records he

2 provided, it appears that Augustina Ojukwu is the name of the registered nurse whose actions are
3 at issue in this case.
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Accordingly, the Court HEREBY ORDERS as follows:

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1.

Pursuant to Federal Rule of Civil Procedure 15, Plaintiff’s amended complaint is

6 deemed amended to substitute Augustina Ojukwu in place of Tina Nicoles; and
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2.

The Clerk’s Office is directed to amend the court records to reflect this substitution

8 and change in case name.
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IT IS SO ORDERED.
Dated:

July 27, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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