Polonco v. Biter, et al.

Filing 28

ORDER DISCHARGING 26 Order to Show Cause and DIRECTING Plaintiff to File a Further Status Report Within Thirty Days, signed by Magistrate Judge Stanley A. Boone on 7/11/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RIGOBERTO POLONCO,

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Plaintiff,
v.
M. D. BITER, et al.,
Defendants.

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Case No.: 1:12-cv-00984-SAB (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE AND DIRECTING PLAINTIFF TO FILE A
FURTHER STATUS REPORT WITHIN THIRTY
DAYS
(ECF No. 26)

Plaintiff Rigoberto Polonco is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
This action is proceeding on Plaintiff’s Second Amended Complaint, filed December 23, 2013,

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against John Does 2 and 3 for excessive force while Plaintiff was housed at Kern Valley State Prison.

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In the Court’s January 28, 2014, order, Plaintiff was directed to file a status report relating to the

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amount of time necessary to conduct discovery to ascertain the identities of the two Doe defendants.

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On June 12, 2014, an order to show cause issued because Plaintiff failed to file the necessary

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status report. Plaintiff filed a response to the order to show cause on June 25, 2014.
Based on the docket in this case, Plaintiff is presently incarcerated at Pelican Bay State Prison.

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In his response to the order to show cause, Plaintiff asserts and attaches an inmate request for

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interview in which he requests a copy of the CDCR 128B and rules violation dated May 5, 2011 (the

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date of the operative incident), while Plaintiff was housed at Kern Valley State Prison in
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administrative segregation. This request appears sufficient to establish due diligence on the part of

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Plaintiff in attempting to ascertain the identity of the two correctional officers, named as John Does 2

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and 3 in the complaint for the alleged use of excessive force on May 5, 2011. Accordingly, the Court

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will discharge the order to show cause and direct Plaintiff to file a further status report relating to any

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further attempts and/or responses to his request for information relating to the identity of these Doe

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Defendants.

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Based on the foregoing,

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IT IS HEREBY ORDERED that:

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1.

The order to show cause issued June 12, 2014, is DISCHARGED;

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2.

Plaintiff is directed to file a further status report within thirty (30) days from the date
of service of this order relating to his efforts to ascertain the identity of the Doe

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Defendants; and

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3.

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Failure to comply with this order will result in dismissal of the action.

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IT IS SO ORDERED.

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Dated:

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July 11, 2014
UNITED STATES MAGISTRATE JUDGE

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