Opinion
2:05-cv-2530-MCE-PAN (DAD).
August 23, 2006
MEMORANDUM AND ORDER
Plaintiff Victoria Wright brings the present action pursuant to 42 U.S.C. § 1983 on the ground that Defendants David Runnels and Michael Roche were deliberately indifferent to the medical needs of her husband in violation of his constitutional rights. Specifically, Plaintiff alleges that Defendants' indifference led to her husband's untimely death while incarcerated.
Because oral argument will not be of material assistance, the Court orders this matter submitted on the briefs. E.D. Cal. Local Rule 78-230(h).
Defendants moved to dismiss Plaintiff's original Complaint on the ground that her claims are personal rights belonging only to the decedent rather than to Plaintiff herself. The Court agreed with Defendants and dismissed her Complaint for lack of standing but permitted Plaintiff leave to amend. See Mem. Order, p. 1-2, April 28, 2006. Plaintiff did amend her Complaint naming the Estate of Jay Wright as an additional Plaintiff. Defendants now seek dismissal on the ground that the Estate is not a legal entity and, therefore, has no capacity to sue.
Plaintiff has not opposed Defendants' Motion to Dismiss. Given that non-opposition, and based on the arguments articulated by Defendants, Defendants' Motion to Dismiss is hereby GRANTED, with leave to amend. Plaintiff may file an amended pleading not later than twenty (20) days following the date of this Order.
IT IS SO ORDERED.