(PC) Tran v. Smith

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BINH CUONG TRAN, Case No. 1:19-cv-00148-DAD-SAB (PC) Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

v. MOTION TO STRIKE PLAINTIFF’S FIRST

AMENDED COMPLAINT

S. SMITH, et al., (ECF No. 56) 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 Defendants’ motion to strike Plaintiff’s first amended complaint, filed on April 9, 2021. I. RELEVANT PROCEDURAL BACKGROUND This action is currently proceeding against Defendants Munsel, Jericoff, Brown and Garcia for deliberate indifference in violation of the Eighth Amendment. Defendants Munsel and Jericoff filed an answer to the complaint on March 19, 2020.1 After an unsuccessful settlement conference, the Court issued the discovery and

1 Defendants Brown and Garcia’s…