(PC) Tran v. Smith

Good Law
United States District Court, Eastern District of CaliforniaSeptember 23, 20191:19-cv-00148California1,282 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BINH CUONG TRAN, Case No. 1:19-cv-00148-DAD-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR SERVICE OF SUMMONS AND

v. COMPLANT AND MOTION FOR STAY S. SMITH, et al., (ECF No. 13) Defendants. 16 I. INTRODUCTION Plaintiff Binh Cuong Tran is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On July 29, 2019, the undersigned screened Plaintiff’s complaint and found that Plaintiff stated a cognizable claim against Defendants Munsel and Jericoff for deliberate indifference in violation of the Eighth Amendment, but failed to state any other cognizable claims against any other defendants. (ECF No. 10.) Plaintiff was ordered to either file a first amended complaint or notify the court of his willingness to proceed only on the cognizable claim. (Id. at 8-9.) On August 7, 2019, Plaintiff notified…

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