Dasenbrock v. Kings County et al

Filing 135

ORDER Regarding Plaintiff's Request for Summons Package and GRANTING Plaintiff Leave to File Amended Complaint Naming Doe Defendant 133 , signed by Magistrate Judge Dennis L. Beck on 8/25/15: Thirty-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBIN DASENBROCK,

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Plaintiff,
vs.
KINGS COUNTY, et al.,
Defendants.

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1:11-cv-01884 AWI DLB PC
ORDER REGARDING PLAINTIFF’S
REQUEST FOR SUMMONS PACKAGE
AND GRANTING PLAINTIFF LEAVE TO
FILE AMENDED COMPLAINT NAMING
DOE DEFENDANT
[ECF No. 133]
THIRTY-DAY DEADLINE

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Plaintiff Robin Dasenbrock (“Plaintiff”) is a California state prisoner proceeding pro se

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

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on Plaintiff’s First Amended Complaint against Defendants Enenmoh, Page, Perez and Blonde

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Nurse Doe #1 for claims of negligence and deliberate indifference to a serious medical need in
violation of the Eighth Amendment.
On July 27, 2015, the Court received a letter from Plaintiff stating that he has discovered
the identity of Blonde Nurse Doe #1. “Rule 15(a) is very liberal and leave to amend ‘shall be

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freely given when justice so requires.’” AmerisourceBergen Corp. v. Dialysis West, Inc., 465
F.3d 946, 951 (9th Cir. 2006) (quoting Fed. R. Civ. P. 15(a)). However, courts “need not grant
leave to amend where the amendment: (1) prejudices the opposing party; (2) is sought in bad
faith; (3) produces an undue delay in the litigation; or (4) is futile.” Id. The factor of “‘[u]ndue
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delay by itself . . . is insufficient to justify denying a motion to amend.’” Owens v. Kaiser
Foundation Health Plan, Inc., 244 F.3d 708, 712-13 (9th Cir. 2001) (quoting Bowles v. Reade,
198 F.3d 752, 757-58 (9th Cir. 1999)).
Here, Plaintiff has been attempting to discover the identity of Blonde Nurse Doe #1

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through discovery for some time. Plaintiff states he has now discovered her identity.
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Amendment is necessary to substitute the name of the Doe Defendant and initiate service. The
Court finds good cause to grant Plaintiff an opportunity to amend the complaint to substitute the
name of Blonde Nurse Doe #1.
Accordingly, Plaintiff may file an amended complaint, substituting the name of the Doe

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Defendant, within thirty (30) days of the date of service of this order. The amended complaint

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shall not make any additional changes. Once the amended complaint is filed, the Court will

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instruct Plaintiff on service of the newly named Defendant.

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Failure to comply with this order will result in a recommendation that the Doe Defendant
be dismissed.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 25, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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