(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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO MERINO, 12 13 14 15 No. 2:21-CV-0826-KJM-DMC-P Plaintiff, v. ORDER VIVIAN VUONG, Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 18 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 50, for an order requiring 19 “Defendant ‘UC Davis Eye Center’” to file an answer. Plaintiff’s motion is denied because UC 20 Davis Eye Center is not named as a defendant to this action. Vivian Vuoung is the only named 21 defendant and, as to Defendant Vuoung, the Court has determined that Plaintiff fails to state a 22 claim upon which relief can be granted. See ECF No. 32 (Findings and Recommendations). 23 24 IT IS SO ORDERED. Dated: September 16, 2022 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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