(PC) Merino v. Vuong

Filing 52

ORDER signed by Magistrate Judge Dennis M. Cota on 9/16/2022 DENYING plaintiff's 50 motion for an order requiring "Defendant 'UC Davis Eye Center'" to file an answer. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANCISCO MERINO,

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No. 2:21-CV-0826-KJM-DMC-P

Plaintiff,
v.

ORDER

VIVIAN VUONG,
Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42

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U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 50, for an order requiring

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“Defendant ‘UC Davis Eye Center’” to file an answer. Plaintiff’s motion is denied because UC

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Davis Eye Center is not named as a defendant to this action. Vivian Vuoung is the only named

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defendant and, as to Defendant Vuoung, the Court has determined that Plaintiff fails to state a

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claim upon which relief can be granted. See ECF No. 32 (Findings and Recommendations).

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IT IS SO ORDERED.
Dated: September 16, 2022

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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