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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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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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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