Wright v. Shannon et al

Filing 102

ORDER DISMISSING Doe Defendant From Action, Without Prejudice, signed by Magistrate Judge Barbara A. McAuliffe on 1/5/12. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RAYMOND WRIGHT,

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CASE NO. 1:05-cv-01485-BAM PC

Plaintiff,

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v.

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ORDER DISMISSING DOE DEFENDANT
FROM ACTION, WITHOUT PREJUDICE

RUMBLES, et al.,

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Defendants.
/

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Plaintiff Raymond Wright (“Plaintiff”) is a former state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on

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the second amended complaint, filed November 21, 2006, against Defendants Rumbles and Doe for

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excessive force in violation of the Eighth Amendment. The deadline to file amended pleadings in

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this action was March 14, 2011. Plaintiff did not file an amended complaint identifying John Doe.

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Rule 4(m) of the Federal Rules of Civil Procedure provides, in relevant part:

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If a defendant is not served within 120 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff - must dismiss the action without
prejudice against that defendant or order that service be made within a specified time.
But if the plaintiff shows good cause for the failure, the court must extend the time
for service for an appropriate period.

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Plaintiff has failed to identify John Doe so that the United States Marshal could serve a

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summons and the complaint and the deadline to amend the complaint has passed.

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Accordingly, it is HEREBY ORDERED that John Doe is DISMISSED from this action,
without prejudice, pursuant to Federal Rule of Civil Procedure 4(m).

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IT IS SO ORDERED.
Dated:
10c20k

January 5, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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