Oden v. State of California, et al.

Filing 44

ORDER GRANTING 38 Motion to Correct Valley Fever Exposure Date signed by Magistrate Judge Barbara A. McAuliffe on 10/17/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERRICK JESUS ODEN,

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Plaintiff,

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v.
STATE OF CALIFORNIA, et al.,

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Case No. 1:14-cv-00873-LJO-BAM (PC)
ORDER GRANTING MOTION TO
CORRECT VALLEY FEVER EXPOSURE
DATE
(ECF No. 38)

Defendants.

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Plaintiff Derrick Jesus Oden (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, initiated this civil rights action pursuant to 42 U.S.C. § 1983 on June 9, 2014. This

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action proceeds on Plaintiff’s third amended complaint, filed on September 16, 2015, against

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Defendants J. Acebedo, S. Swaim, and R. Thomas for deliberate indifference to a serious risk in

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violation of the Eighth Amendment.
On August 28, 2017, Plaintiff filed a motion to correct Valley Fever exposure date. (ECF

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No. 38.) Plaintiff declares that he contracted Valley Fever while at Northern Kern (Delano)

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Prison in October 2010, and his initial filing erroneously stated that he contracted Valley Fever in

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October 2009. (Id.) Defendants did not file a response, but acknowledged the correction in the

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motion to dismiss filed on October 16, 2017. (ECF No. 42-1, p. 2, n.1.) The motion is deemed

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submitted. Local Rule 230(l).

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In light of Defendants’ acknowledgement of the clerical error and the minor nature of the

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correction, Plaintiff’s motion to correct the Valley Fever exposure date (ECF No. 38) is HEREBY

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GRANTED. The correction is deemed incorporated, and no amended complaint is necessary.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 17, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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