Carter

(PC) Miller v. Carter

Good Law
United States District Court, Eastern District of CaliforniaSeptember 13, 20232:21-cv-01981California1,466 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL NEAL MILLER, No. 2:21-cv-01981-KJM-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS RUBY CARTER, et al., Defendants. 16 Plaintiff is a state prisoner proceeding in forma pauperis and without counsel in an action brought under 42 U.S.C. § 1983. This action proceeds on the original complaint filed October 26, 2021. ECF No. 1. Three defendants have answered the complaint, and their motion for summary judgment, filed June 20, 2023, is pending. ECF Nos. 16 & 33. On July 10, 2023, plaintiff filed a motion for leave to file a proposed first amended complaint, which was attached. ECF Nos. 34 & 35 (FAC). Plaintiff’s motion to amend has been fully briefed and is now before the court for resolution and is addressed below. See ECF Nos. 37 & 38. Plaintiff’s original complaint alleges that, in October 2020, when he was housed at Mule Creek State Prison (MCSP), he was diagnosed with Bell’s Palsy, with symptoms of…

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