(PC) Merino v. St. Joaquing Gn Hospital

Good Law
United States District Court, Eastern District of CaliforniaNovember 29, 20232:22-cv-00520California4,567 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO MERINO, No. 2:22-cv-00520 WBS DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ST. JOAQUING GN. HOSPITAL, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that his Eighth Amendment right against cruel and unusual punishment was violated due to on-going issues with his knee, including an improperly performed knee surgery and chronic pain. Presently before the court is plaintiff’s second amended complaint (ECF No. 44), three motions for a preliminary injunction (ECF Nos. 40, 43, 46), a motion to appoint counsel and for an extension of time to file an amended complaint (ECF No. 45), and a motion to continue (ECF No. 48). For the reasons set forth below, the undersigned will dismiss the second amended complaint (“SAC”) with leave to amend; dismiss the motion to appoint counsel and for an extension of time;…

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