(PC) Scott v. Chau ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICKEY LEON SCOTT, Case No. 1:19-cv-01079-DAD-HBK 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO AMEND FIRST AMENDED 13 v. COMPLAINT TO CORRECT SPELLING OF DEFENDANT CHAN to CHAU 14 J. CHAU; ET. AL., (Doc. No. 24) 15 Defendants. ORDER DIRECTING CLERK OF COURT TO 16 CORRECT DOCKET 17 18 19 Pending before the Court is Plaintiff’s motion to correct the spelling of the name of 20 Defendant J. Chan filed on March 14, 2022. (Doc. No. 24). Plaintiff states he incorrectly spelled 21 Defendant “J. Chan’s” name in his First Amended Complaint (“FAC”) and requests the Court 22 correct the spelling to “J. Chau” as reflected in the exhibits to the FAC. (Id.). 23 The Court liberally construes the motion as brought under Fed. R. Civ. P. 15. See Miles v. 24 Dep’t of Army, 991 F.2d 777, 781-82 (9th Cir. 1989) (discussing amendment of the complaint to 25 name proper defendant). Because Plaintiff already amended his pleading once as a right, he may 26 only amend it with the party’s written consent or by leave of court. Fed. R. Civ. P. (a)(2). The 27 Court will grant leave to amend the FAC to correct the spelling of “Chan” to “Chau.” 28 Accordingly, it is ORDERED: ee enn eee ee non nn en on EE IO OIE IE 1 1. Plaintiff's motion (Doc. No. 24) is GRANTED. 2 2. The Clerk of Court shall edit the docket to reflect the proper name of Defendant “J. 3 | Chan as J. Chau.” 4 3. The Clerk of the Court shall correct the docket to reflect all defendants named in 5 | Plaintiff's FAC (Doc. No. 23).! 6 7 oY, Dated: _ April 18, 2022 (luo Th. foareh Zacks 8 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 —_ -)lcJddpt]IMT ' The docket currently identifies Dr. Chan and the California Department of Corrections as defendants as 26 | named in Plaintiff initial complaint. Plaintiff is proceeding on his FAC (Doc. No. 23), which supersedes the Complaint as the operative pleading. Thus, the docket should be corrected to reflect the termination of 27 || the California Department of Corrections as a defendant and the following newly named defendants: J. Knight, Appeals Examiner; M. Voong, Chief of Appeals; B. Johnson, CCII, B. Kibler, Chief Deputy 28 Warden, North Learn State Prison; and J. Chau, Medical Doctor.