Payan v. Tate et al

Filing 89

ORDER signed by Magistrate Judge Dennis L. Beck on 12/17/2015 denying 87 Motion for service documents as moot. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. PAYAN,

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Plaintiff,
vs.
H. TATE, et al.,
Defendants.

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1:13cv00807 LJO DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR SERVICE
DOCUMENTS AS MOOT
(Document 87)

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Plaintiff Michael J. Payan (“Plaintiff”) is a prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 28 U.S.C. § 1983.
On December 2, 2015, the Court issued an order directing Plaintiff to return service
documents. Therefore, Plaintiff’s December 15, 2015, motion requesting that the Court order
service is DENIED AS MOOT.

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On December 15, 2015, Plaintiff filed a document with the Court inquiring as to why
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service documents were not included for the Doe Defendants. Plaintiff is informed that the
United States Marshal cannot initiate service of process on a Doe Defendant. Therefore, the
Court will send Plaintiff the appropriate service documents at such time that he ascertains the
identities of the Doe defendants. Plaintiff may attempt to identify the unknown Defendants
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through the discovery process. Crowley v. Bannister, 734 F.3d 967, 978 (9th Cir. 2013) (quoting
Gillespie v. Civiletti, 629 E.2d 637, 642 (9th Cir. 1980)). At this time, however, discovery is
stayed pending the resolution of the motion for summary judgment. If Plaintiff’s claims survive
the exhaustion challenge, he will be given sufficient time to complete discovery.
Insofar as Plaintiff requests that he be permitted to serve “the position,” rather than an

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individual, he is informed that section 1983 liability is based on an individual’s actual
involvement in the alleged events.
IT IS SO ORDERED.

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Dated:

/s/ Dennis

December 17, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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