Witkin v. Lee et al

Filing 19

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/16/2018 GRANTING plaintiff's 17 motion for reconsideration; plaintiff will be permitted to proceed on his claim arising under California law; and in a separate order, the court will order that defendants Alvarez, Dinh, Lee, Matteson, Maurino, Arnold and Neuschmid be served with process. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL AARON WITKIN,

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Plaintiff,

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No. 2:17-cv-0232 JAM CKD P

v.

ORDER

M. LEE, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed

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pursuant to 42 U.S.C. § 1983. On October 09, 2018, plaintiff filed what the court construes as a

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motion for reconsideration of the court’s finding that plaintiff did not adequately plead a claim

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plaintiff identifies as negligence arising under California law in his second amended complaint.

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Upon reconsideration, the court finds that the claim is adequately plead.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for reconsideration (ECF No. 17) is granted;

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2. Plaintiff will be permitted to proceed on his claim arising under California law; and

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3. In a separate order, the court will order that defendants Alvarez, Dinh, Lee, Matteson,

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Maurino, Arnold and Neuschmid be served with process.

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Dated: October 16, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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witk0232.mfr

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