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Roberto A. Sotelo v. T. Birring

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 22, 2012

ROBERTO A. SOTELO,
PLAINTIFF,
v.
T. BIRRING, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER GRANTING MOTION TO AMEND, VACATING HEARING DATE, DIRECTING CLERK'S OFFICE TO FILE SECOND AMENDED COMPLAINT, AND REQUIRING DEFENDANTS TO FILE A RESPONSE WITHIN THIRTY DAYS (Docs. 81 and 82)

ORDER REQUIRING PLAINTIFF TO NOTIFY COURT WITHIN TEN DAYS WHETHER HE INTENDS TO EFFECT SERVICE ON DEFENDANT GREEN

Plaintiff Roberto A. Sotelo, a state prisoner proceeding in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 10, 2008. This action is currently proceeding on Plaintiff's amended complaint, filed February 24, 2009, against Defendants Birring, Das, Diep, and Coleman for acting with deliberate indifference to Plaintiff's medical needs, in violation of the Eighth Amendment.

On February 29, 2012, Plaintiff filed a motion seeking leave to file a second amended complaint. Fed. R. Civ. P. 15(a). The motion is currently set for hearing on April 4, 2012, at 9:30 a.m. before the undersigned. Defendants filed a statement of non-opposition to the motion on March 14, 2012. Local Rule 230(c).

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff's motion to amend is GRANTED;

2. The hearing set for April 4, 2012, at 9:30 a.m. is VACATED;

3. The Clerk's Office shall file the second amended complaint (Exhibit A, Doc. 81-1);

4. Defendants Birring, Das, Diep, and Coleman shall file their response to the second amended complaint within thirty (30) days from the date of service of this order; and

5. Plaintiff's counsel shall notify the Court within ten (10) days whether he intends to have service of the second amended complaint effected on Defendant Green or whether he wants the Court to order the United States Marshal to effect service. *fn1

IT IS SO ORDERED.


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