Tan
(PC) Underwood v. Tan
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERROL LOVELL UNDERWOOD, No. 2:17-CV-0174-KJM-DMC-P Plaintiff, v. ORDER R. TAN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by Eastern District of California local rules. Defendants moved for summary judgment more than a year ago. ECF No. 26. Since then, the Magistrate Judge granted Mr. Underwood several additional months to oppose that motion. See ECF Nos. 32, 34. He did not file an opposition. The defendants also moved to dismiss the claims against a nurse, Ms. Egipto, whose death was disclosed to Mr. Underwood more than a year ago without any response. See Not. Suggestion of Death, ECF No. 23; Am. Not. Suggestion of Death, ECF No. 30; Mot. Dismiss, ECF No. 35. The Magistrate Judge also granted Mr. Underwood several additional months to oppose the motion…