(PC) Smith v. Miller

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES ANTHONY SMITH, No. 2:15-cv-2534-TLN-EFB P Plaintiff, v. ORDER SISKIYOU COUNTY JAIL, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This case proceeds on plaintiff’s first amended complaint against defendant Miller on an Eighth Amendment deliberate indifference to medical needs claim. See ECF Nos. 16, 35, 40. On March 11, 2020, defendant Miller, the sole defendant in this action, filed a motion to dismiss for failure join an indispensable party pursuant to Federal Rule of Civil Procedure 12(b)(7). ECF No. 45. On April 30, 2020, plaintiff responded to that motion by filing a motion to amend his complaint. ECF No. 51. That motion was not accompanied by a proposed second amended complaint. Defendant did not oppose or otherwise respond to plaintiff’s motion to amend. Subsequently, plaintiff filed opposition to the motion to dismiss. ECF…