Gann v. Kokor et al

Filing 41

ORDER GRANTING 39 Motion to File Second Amended Complaint and to Change Case Caption and ORDER Directing Clerk of Court to File Lodged Second Amended Complaint and Recaption Case signed by Magistrate Judge Barbara A. McAuliffe on 8/17/2021. (Jessen, A)

Case 1:18-cv-00084-AWI-BAM Document 41 Filed 08/17/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL MARCUS GANN,

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Plaintiff,

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v.

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Case No. 1:18-cv-00084-AWI-BAM (PC)
ORDER GRANTING MOTION TO FILE
SECOND AMENDED COMPLAINT AND TO
CHANGE CASE CAPTION
(ECF No. 39)

VERA-BROWN,

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Defendant.

ORDER DIRECTING CLERK OF COURT TO
FILE LODGED SECOND AMENDED
COMPLAINT AND RECAPTION CASE

Plaintiff Nathaniel Marcus Gann (“Plaintiff”) is a state prisoner proceeding pro se in this

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civil rights action under 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended

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complaint against Defendants Doe 1, Doe 2, and Doe 3 for deliberate indifference to serious

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medical needs in violation of the Eighth Amendment.

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On August 9, 2021, the Court directed Plaintiff to submit a second amended complaint

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identifying Defendants Doe 1, Doe 2, and Doe 3. (ECF No. 38.) In response, Plaintiff filed a

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motion to file a second amended complaint and motion to change case caption, (ECF No. 39), and

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lodged a second amended complaint, (ECF No. 40).

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In his motion, Plaintiff explains that he has identified Defendants Does 1–3 as RN V.

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Vera-Brown. (ECF No. 39.) Accordingly, Plaintiff has submitted a second amended complaint

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which removes references to the other named individuals as defendants, and substitutes

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Defendant Vera-Brown for all references of Defendants Does 1–3. (ECF No. 40.) Plaintiff
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Case 1:18-cv-00084-AWI-BAM Document 41 Filed 08/17/21 Page 2 of 2
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further requests that the caption of this case be changed to reflect that Defendant Vera-Brown is

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the only remaining defendant. Plaintiff’s requests are granted, and the Court will direct service of

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the second amended complaint on Defendant Vera-Brown by separate order.

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Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s motion to file second amended complaint and to change case caption, (ECF No.
39), is GRANTED;
2. The Clerk of the Court is directed to file the second amended complaint, lodged on
August 16, 2021, (ECF No. 40);
3. Defendant V. Vera-Brown is substituted for Defendants Does 1–3;

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4. This action shall proceed on Plaintiff’s second amended complaint against only Defendant

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V. Vera-Brown for deliberate indifference to serious medical needs in violation of the

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Eighth Amendment; and

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5. This action no longer proceeds against multiple defendants, and the caption for this case
shall be as reflected above.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 17, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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