Staten v. Alamedia, et al

Filing 46

***VACATED PER ORDER NO. 48 , DATED 05/29/2009***ORDER Granting 45 Motion, signed by District Judge David C. Bury on 4/2/2009. If Plaintiff fails to file a "notice of substitution" of parties on or before June 1, 2009, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice. (Scrivner, E)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P lain tiff , Dwight A. Staten, who is confined in the California State Prison in C o rc o ra n , California, has filed a pro se civil rights Second Amended Complaint pursuant to 4 2 U.S.C. § 1983. (Doc. No. 38.) The Court previously granted Plaintiff time to file a notice o f substitution of parties for Defendants Officers "S" and "E." (Doc. No. 40.) P la in tif f has filed a request for the Court to require Defendant Warden Arthur C ald e ro n to produce the full names of the employees "S & E" Officers of 2 n d watch 270 yard f ro m September 2002, named as Defendants in this action.. IT IS ORDERED that Plaintiff's request is GRANTED in that Defendant Warden A rth u r Calderon should, if possible, provide to Plaintiff Staten the first and last names of th e Officers referred to as "S & E" who, in September 2002 as alleged in the Complaint, f a ile d to take Plaintiff for dental treatment during a prison lockdown. Defendant Warden A rth u r Calderon should provide those names to Plaintiff within 20 days of receipt of this O rd e r. Plaintiff will have 20 days from the date he receives the names to file the notice of vs. A rth u r Calderon, et al., Defendants. Dwight A. Staten, Plaintiff, ) ) ) ) ) ) ) ) ) ) N o . CV 1-06-0631-DCB P ORDER I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

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su b stitu tio n providing each Defendant's name in place of Officer S and Officer E. The Clerk o f the Court should then comply with the Court's Order dated January 28, 2009. (Doc. No. 4 0 ). If Plaintiff fails to file a "notice of substitution" of parties on or before June 1, 2 0 0 9 , the Clerk of Court must, without further notice, enter a judgment of dismissal of th is action without prejudice. See Fed. R. Civ. P. 41(b). D A T E D this 2 n d day of April, 2009.

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