Morris v. Nangalama et al

Filing 71

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEON E. MORRIS, 12 Plaintiff, 13 14 No. 2:12-cv-1202 MCE KJN P v. ORDER DR. NANGALAMA, et al., 15 Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 17 18 U.S.C. § 1983. In Plaintiff’s Second Amended Complaint, Plaintiff raised potentially cognizable 19 claims against a defendant identified as “Vu,” and included no charging allegations as to a 20 defendant identified as “Dr. Duc.” Subsequently, Dr. Duc was dismissed by the Court (ECF No. 21 48), and the assigned magistrate judge ordered counsel for Defendants to assist Plaintiff in 22 locating a Dr. Vu in order to accomplish service of process. ECF No. 58. During such efforts, 23 Defendants discovered that a “Dr. Vuong Duc” had previously reviewed an appeal from Plaintiff 24 and prescribed medication for Plaintiff. ECF No. 66 at 3. Plaintiff has now filed a Third Amended Complaint in which he has substituted his 25 26 potentially cognizable claims against Defendant Vu for the individual now identified as “Dr. Vu 27 Duc.” 28 /// 1 1 Accordingly, the Court’s dismissal of Dr. Duc (ECF No. 48) is VACATED. 2 IT IS SO ORDERED. 3 Dated: May 26, 2015 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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