King v. Wang et al

Filing 41

ORDER signed by Magistrate Judge Deborah Barnes on 06/07/17 ordering that defendant Nurse Wang shall file a responsive pleading to the second amended complaint within 14 days from the date of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID KING,

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No. 2:14-cv-1817 KJM DB P
Plaintiff,

v.

ORDER

WANG, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action pursuant to 42 U.S.C. § 1983. On February 26, 2016, defendant Nurse Wang’s

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motion to dismiss was granted, and plaintiff’s complaint was dismissed with leave to amend.

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(ECF No. 32.) Plaintiff’s first amended complaint was screened on April 3, 2017, and found to

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state a claim against Nurse Wang but not against a supervisory defendant named therein. (ECF

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No. 39.) Plaintiff was then given an option to either proceed on the amended pleading as screened

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or file a second amended complaint. On April 19, 2017, plaintiff filed a second amended

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complaint. On review, the undersigned finds that plaintiff has re-asserted the claim against Nurse

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Wang that was previously found to be viable, and he dismissed his claim against the supervisory

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defendant.

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Accordingly, IT IS HEREBY ORDERED that defendant Nurse Wang shall file a

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responsive pleading to the second amended complaint within fourteen days from the date of this

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order.

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Dated: June 7, 2017

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DLB7;
/Inbox/Substantive;king1817.scrn.2AC

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