Morris v. Nangalama et al
Filing
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ORDER signed by Chief Judge Morrison C. England, Jr on 05/26/15 ordering the court's dismissal of Dr. Duc 48 is vacated. (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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Plaintiff,
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No. 2:12-cv-1202 MCE KJN P
v.
ORDER
DR. NANGALAMA, et al.,
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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. In Plaintiff’s Second Amended Complaint, Plaintiff raised potentially cognizable
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claims against a defendant identified as “Vu,” and included no charging allegations as to a
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defendant identified as “Dr. Duc.” Subsequently, Dr. Duc was dismissed by the Court (ECF No.
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48), and the assigned magistrate judge ordered counsel for Defendants to assist Plaintiff in
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locating a Dr. Vu in order to accomplish service of process. ECF No. 58. During such efforts,
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Defendants discovered that a “Dr. Vuong Duc” had previously reviewed an appeal from Plaintiff
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and prescribed medication for Plaintiff. ECF No. 66 at 3.
Plaintiff has now filed a Third Amended Complaint in which he has substituted his
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potentially cognizable claims against Defendant Vu for the individual now identified as “Dr. Vu
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Duc.”
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///
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Accordingly, the Court’s dismissal of Dr. Duc (ECF No. 48) is VACATED.
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IT IS SO ORDERED.
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Dated: May 26, 2015
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