Jones v. Mayberg et al

Filing 30

ORDER REQUIRING Plaintiff to File Status Report 18 FIFTEEN-DAY DEADLINE, signed by Magistrate Judge Sheila K. Oberto on 4/27/13: Failure to comply with this order, the action will be dismissed, with prejudice, for failure to prosecute. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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OSCAR W. JONES,

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CASE NO. 1:10-cv-01530-SKO PC
Plaintiff,

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ORDER REQUIRING PLAINTIFF TO FILE
STATUS REPORT

v.
(Doc. 18)

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STEPHEN MAYBERG, et al.,
FIFTEEN-DAY DEADLINE

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Defendants.
/

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Plaintiff Oscar W. Jones, a former civil detainee proceeding pro se and in forma pauperis,

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filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 25, 2010. Pursuant to the

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screening order filed on May 2, 2012, this action is proceeding against Defendants Bryant and Does

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2 and 3 for violating the Due Process Clause relating to the failure to transport Plaintiff for medical

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treatment.

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By separate order, Defendant Bryant was dismissed from this action, leaving only the two

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Doe defendants. Fed. R. Civ. P. 4(m). Although the use of Doe defendants is generally disfavored,

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the law of this Circuit requires that Plaintiff be provided with “an opportunity through discovery to

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identify the unknown defendants, unless it is clear that discovery would not uncover the identities.

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. . .’” Wakefield v. Thompson, 177 F.3d 1160, 1163 (9th Cir. 1999) (quoting Gillespie v. Civiletti,

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629 E.2d 637, 642 (9th Cir. 1980)). Therefore, Plaintiff is required to notify the Court how much

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time he needs to conduct discovery to ascertain the identities of Does 2 and 3.

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Accordingly, it is HEREBY ORDERED that:

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Within fifteen (15) days from the date of service of this order, Plaintiff shall file a

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status report notifying the Court how much time he needs to conduct discovery to

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ascertain the identities of the two Doe defendants; and

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2.

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If Plaintiff fails to respond to this order, this action will be dismissed, with prejudice,
for failure to prosecute.

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IT IS SO ORDERED.
Dated:
ie14hj

April 27, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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