Morris v. Nangalama et al

Filing 67

ORDER signed by Magistrate Judge Kendall J. Newman on 03/31/15 granting 66 Motion to briefly extend the discovery deadline. Defendants shall depose plaintiff on or before 5/01/15. Within 21 days from the date of this order, plaintiff shall comp lete the attached notice and submit the following documents to the court: The completed Notice; and if he chooses to seek leave to amend, a motion to amend, accompanied by a proposed third amended complaint. The clerk of the court is directed to send plaintiff a copy of the second amended complaint 39 and the form for filing a civil rights complaint by a prisoner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON E. MORRIS,

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No. 2:12-cv-1202 MCE KJN P

Plaintiff,
v.

ORDER

NANGALAMA, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42

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U.S.C. § 1983. On March 27, 2015, defendants filed a motion to modify the scheduling order

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solely to delay the deposition of plaintiff until resolution of the status of Dr. Duc as a defendant is

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resolved. On January 13, 2015, defendants filed a response to the court’s order seeking assistance

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in locating defendant Vu. Defendants stated that it appeared that plaintiff’s references in his

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complaints to “Dr. Vu” were actually directed to “Dr. Vu Duc,” who was dismissed from this

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action on June 25, 2014. Dr. Duc was dismissed from this action because plaintiff’s second

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amended complaint contained no charging allegations against Dr. Duc.

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Plaintiff did not file a response to defendants’ information concerning Dr. Duc, and has

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not sought leave to amend to include charging allegations against Dr. Duc. Thus, it is unclear

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whether plaintiff wishes to delay this action and seek leave to amend to raise allegations as to Dr.

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Duc, or whether he wishes to proceed solely as to defendants Nangalama, Sahota, Whitted, and
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Turner. If defendant Vu was incorrectly named, it appears that defendant Vu should be dismissed

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from this action.

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Due to the unknown status of Dr. Duc, defendants’ motion to briefly extend the discovery

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deadline to depose plaintiff is granted. In all other respects, the March 27, 2015 discovery

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deadline remains in effect. Plaintiff is directed to complete and file, within twenty-one days, the

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attached notice, to advise whether he does not wish to delay this action and intends to proceed

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solely as to defendants Nangalama, Sahota, Whitted, and Turner, or whether he seeks leave to

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amend. If he seeks to amend, he shall include a motion to amend, and a proposed third amended

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complaint. Plaintiff shall also indicate whether he consents to the dismissal of defendant Vu.

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Plaintiff is cautioned that failure to respond to this order will result in a recommendation

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that defendant Vu be dismissed, and this action will proceed solely as to defendants Nangalama,

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Sahota, Whitted, and Turner, inasmuch as Dr. Duc was previously dismissed from this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ request to briefly extend the discovery deadline (ECF No. 66) is granted;

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2. Defendants shall depose plaintiff on or before May 1, 2015;

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3. Within twenty-one days from the date of this order, plaintiff shall complete the

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attached Notice and submit the following documents to the court:

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a. The completed Notice; and

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b. If he chooses to seek leave to amend, a motion to amend, accompanied by a

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proposed third amended complaint;
4. The Clerk of the Court is directed to send plaintiff a copy of the second amended

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complaint (ECF No. 39), and the form for filing a civil rights complaint by a prisoner.

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Dated: March 31, 2015

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/morr1202.duc

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON E. MORRIS

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Plaintiff,

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No. 2:12-cv-1202 MCE KJN P

v.

NOTICE

NANGALAMA, et al.,

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Defendants.

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Plaintiff responds to the court’s order as follows:

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1.

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Nangalama, Sahota, Whitted, and Turner.

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OR

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Plaintiff does not wish to delay this action but proceeds solely as to defendants

Plaintiff seeks leave to amend. Enclosed are plaintiff’s motion to amend and

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proposed third amended complaint.

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2.

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DATED:

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Plaintiff voluntarily dismisses defendant Vu, who was incorrectly named.

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________________________________
Plaintiff