Mozingo v. Fisher et al

Filing 38

ORDER Granting Stipulation to Permit an Amendment to the Second Amended Complaint signed by Magistrate Judge Barbara A. McAuliffe on 01/19/2016. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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JAMES MOZINGO,

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CASE NO.: 1:15-cv-00633 LJO BAM
Plaintiff,

v.

ORDER GRANTING STIPULATION
TO PERMIT AN AMENDMENT TO
THE SECOND AMENDED
COMPLAINT

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION; LADD, lieutenant;
C. LOWERY, correctional officer; I.
SINGH, M.D.; BARBARA
WOODWARD, PA; K. PHANA, PA;
and DOES 1 through 47, inclusive,
Judge:

The Honorable Barbara A.
McAuliffe
Defendants. Trial Date: Not Set
Action Filed: April 22, 2015

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Before the Court is a stipulation of the parties to correct the spelling of the name of
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Defendant identified as “K. Phana.” This Defendant is a contract Physician’s Assistant not

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amenable to substitute service at CDCR. Various spellings of the name have made service

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of the complaint and summons on “K. Phana” untenable because Defendant’s agency is

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constrained by its privacy policies. Plaintiff seeks to correct the name without the need for
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a motion and order to file a Third Amended Complaint, and Defendants stipulate to the
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correction. Furthermore, the ability of the Court to set a schedule for a case that was filed
April 22, 2015, is impacted by the delays in naming and serving this Defendant.

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Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that the

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Second Amended Complaint be corrected by changing the name of Defendant “K. Phana”

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to “K. Phanh” wherever it appears in the Second Amended Complaint. All further

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captions going forward in the matter will reflect the change.

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The Clerk of the Court is directed to correct the spelling of Defendant K. Phana,

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PA to “K. Phanh, PA” in the case docket and issue a new summons in the name of “K.

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Phanh.”

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IT IS FURTHER ORDERED that the previous order granting Plaintiff’s in forma
pauperis request to affect service by U.S. Marshal’s Service (ECF No. 26) be amended to
include service on “K. Phanh.”

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

January 19, 2016

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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