Crossley v. Niazi et al

Filing 42

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/5/13 ORDERING that plaintiffs motion for the provisions of FRCP 15(c) 38 is granted; and Plaintiffs motion to compel 40 is denied as moot. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMONT CROSSLEY,

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No. 2:12-cv-2180 LKK CKD P

Plaintiff,
v.

ORDER

ABE NIAZI, et al.,
Defendants.

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This prisoner civil rights action pursuant to 42 U.S.C. § 1983 proceeds on the amended

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complaint filed November 9, 2012. Before the court is plaintiff’s request that the amended

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complaint be found to “relate back” to his original complaint, filed August 21, 2012, pursuant to

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Rule 15(c) of the Federal Rules of Civil Procedure. (ECF No. 38.) Rule 15(c) provides that an

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amended pleading relates back to the date of the original pleading when “the amendment asserts a

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claim or defense that arose out of the conduct, transaction, or occurrence set out – or attempted to

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be set out – in the original pleading[.]” Defendants do not oppose the motion. (ECF No. 39.)

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Accordingly, the motion will be granted.

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Plaintiff has also filed a motion to compel defendant Todd to provide a response to an
interrogatory seeking the name of the nurse Todd consulted with about plaintiff’s medical needs

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on December 8, 2010. (ECF No. 40.) As defendants have now provided this name (see ECF No.

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41), the motion will be denied as moot.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. Plaintiff’s motion for the provisions of FRCP 15(c) (ECF No. 38) is granted; and

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2. Plaintiff’s motion to compel (ECF No. 40) is denied as moot.

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Dated: November 5, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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