Hernandez v. Jordan et al

Filing 48

ORDER REQUIRING Plaintiff to SHOW CAUSE Why Doe Defendant should not be Dismissed from Action; Twenty Day Deadline signed by Magistrate Judge Sheila K. Oberto on 7/13/2012. Show Cause Response due by 8/6/2012. (Sant Agata, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

ANGEL H. HERNANDEZ,

10

Plaintiff,

11
12

CASE NO. 1:09-cv-00268-LJO-SKO PC
ORDER REQUIRING PLAINTIFF TO SHOW
CAUSE WHY DOE DEFENDANT SHOULD
NOT BE DISMISSED FROM ACTION

v.
CHRIS JORDAN, et al.,

13

(Doc. 12)

Defendants.

TWENTY-DAY DEADLINE
/

14
15

Plaintiff Angel H. Hernandez, a former state prisoner proceeding pro se and in forma

16

pauperis, filed this civil action pursuant to 42 U.S.C. § 1983 and California law on February 11,

17

2009. Pursuant to the Court’s screening orders, this action is proceeding against Defendants Costner

18

and Doe 1 for use of excessive force, in violation of the Fourteenth Amendment, and for negligence.

19

The deadlines for the completion of all discovery and to amend the pleadings have expired,

20

and Plaintiff did not seek leave to amend his complaint to identify Defendant Doe 1. Fed. R. Civ.

21

P. 15(a), 16(b)(4); Wakefield v. Thompson, 177 F.3d 1160, 1163 (9th Cir. 1999).

22

Accordingly, it is HEREBY ORDERED that:

23

1.

24

Plaintiff has twenty (20) days from the date of service of this order within which to
show cause why Defendant Doe 1 should not be dismissed from this action; and

25

///

26

///

27

///

28

///
1

1

2.

2

The failure to respond to this order or the failure to show good cause will result in the
dismissal of Defendant Doe 1 from this action, with prejudice.

3
4
5
6
7

IT IS SO ORDERED.

8

Dated:
ie14hj

July 13, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2