(PC) Tran v. Smith
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, FINDINGS AND RECOMMENDATIONS
RECOMMENDING PLAINTIFF’S MOTION
v. TO AMEND BE GRANTED IN PART AND
DENIED IN PART
S. SMITH, et al., (ECF No. 39) Defendants. 16 Plaintiff Binh Cuong Tran is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion to amend the complaint, filed January 6, 2021. I. RELEVANT BACKGROUND This action is proceeding against Defendants Munsel and Jericoff for deliberate indifference in violation of the Eighth Amendment. Defendants filed an answer to the complaint on March 19, 2020. After an unsuccessful settlement conference, the Court issued the discovery and scheduling order on July 29, 2020. As previously stated, on January 6, 2021, Plaintiff filed the…